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GIFT  OF 


STATUTES  AND  CONSTITUTION 


• 


ELECTIONS 


STATE  OF  OREGON 


1913 


COM  PI  I,K  li 


LORD'S  OREGON  LAWS  AND  THE  SESSION  LAWS  OF  1911  AND  1913 


Such  Provisions  of  the  Constitution  of  Oregon,  and  Such 

Statutes  of  the  United  States,  as  Pertain  to 

Elections  in  This  State 


Compiled  by 

BEN  W.  OLCOTT 

Secretary  of  State 


UJEM       ; 

WILLIS    S,    DHNTWAV,   STATE   PRINTER 
1913 


STATUTES  AND  CONSTITUTION 


KKJ,ATIN<;    TO 


ELECTIONS 


STATE  OF  OREGON 


1913 


COM  I'l  I.KI)     MJOM 


LORD'S  OREGON  LAWS  AND  THE  SESSION  LAWS  OF  1911  AND  1913 


Such  Provisions  of  the  Constitution  of  Oregon,  and  Such 

Statutes  of  the  United  States,  as  Pertain  to 

Elections  in  This  State 


Compiled  by 

BEN  W.  OLCOTT 

Secretary  of  State 


SALEM,    OREGON 
WILLIS    S.    DUNIWAY,   STATE   PRINTER 

1913 


•  ^      V 


LAW    AUTHORIZING    THIS    COMPILATION. 


$    3413.      Election    Laws    to    lie    Compiled    and    Supplies    Furnished   by 
Secretary  of  Stale. 

It  shall  be  the  duty  of  the  Secretary  of  State,  not 
less  than  six  months  before  every  biennial  election  in  this 
State,  to  compile  the  election  laws  of  the  State  and  index 
the  same  and  cause  a  sufficient  number  thereof  to  be  printed 
in  appropriate  pamphlet  form  for  the  convenience  of  the 
electors  of  the  State.  He  shall  at  the  same  time  and  in  the 
same  manner  cause  to  be  printed  a  sufficient  number  of 
copies  of  such  of  the  provisions  of  the  laws  pertaining  to 
elections  and  relating  to  and  regulating  the  duties  of  election 
boards  as  are  necessary  for  the  use  of  such  boards  at  the 
several  elections;  also  suitable  poll  books,  required  by  and 
in  accordance  with  Section  3324;  also  tally  sheets,  required 
by  and  in  accordance  with  Section  3326 ;  also  register  of  nom- 
inations books,  required  by  Section  3341;  also  receipts,  re- 
quired by  and  in  accordance  with  Section  3400;  needles  for 
stringing  ballots  and  stubs,  as  required  by  Sections  3325  and 
3409,  and  indelible  copying  pencils,  suitable  for  canceling 
the  names  of  candidates  not  voted  for,  as  required  by  Section 
3404 ;  and  he  shall  forthwith  proceed  and  distribute  the  same 
to  the  several  county  clerks  in  the  State  in  appropriate  quan- 
tities. The  bills  for  furnishing  said  pamphlet  copies  of  the 
election  laws,  for  ruling,  printing  and  binding  such  poll 
books,  blanks,  receipts,  register  of  nominations,  and  tally 
sheets,  and  procuring  said  needles  and  pencils,  and  for  pre- 
paring and  delivering  the  same,  as  required  by  this  act,  shall 
be  audited  by  the  Secretary  of  State  and  paid  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated.  [L.  1913, 
Chap.  329,  p.  644.] 

NOTE. — This  compilation  of  the  statutes  of  this  State  relating  to  elections 
and  the  registration  of  voters  contains  only  such  statutes  as  relate  to  or  in 
any  manner  affect  the  duties  and  authority  of  judges  and  clerks  of  election, 
and  other  officers  directly  connected  therewith.  Those  statutes  which  are  purely 
local  in  their  application  are  mostly  omitted  from  this  compilation  and  for  such 
information  reference  should  be  made  to  Lord's  Oregon  Laws,  and  the  Session 
Laws  of  1911  and  1913. 


CONSTITUTIONAL  PROVISIONS  RELATING 
TO  ELECTIONS 


PROVISIONS    OF    CONSTITUTION    OF    THE    UNITED    STATES 
RELATING  TO  ELECTIONS. 


ARTICLE  I. 

§   4.      Election  of  Senators  and  Representatives — Sessions  of  Congress. 

The  times,  places,  and  manner  of  holding  elections  for 
senators  and  representatives  shall  be  prescribed  in  each  State 
by  the  legislature  thereof;  but  the  congress  may  at  any  time 
by  law  make  or  alter  such  regulations,  except  as  to  the  places 
of  choosing  senators. 

The  congress  shall  assemble  at  least  once  in  each  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  law  appoint  a  different  day. 

ARTICLE  II. 

§    1.      Executive  Power — Electors  of  President  and  Vice-Preside  lit. 

The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America.  He  shall  hold  his  office  during  the 
term  of  four  years,  and,  together  with  the  Vice-President, 
chosen  for  the  same  term,  be  elected  as  follows: 

Each  State  shall  appoint,  in  such  manner  as  the  legislature 
thereof  may  direct,  a  number  of  electors,  equal  to  the  whole 
number  of  senators  and  representatives  to  which  the  State 
may  be  entitled  in  the  congress;  but  no  senator  or  represen- 
tative, or  person  holding  an  office  of  trust  or  profit  under 
the  United  States,  shall  be  appointed  an  elector. 

The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes, 
which  day  shall  be  the  same  throughout  the  United  States. 

The  balance  of  this  section  omitted,  as  it  defines  the  qualifications  of  Presi- 
dent, salary,  etc. 

ARTICLE  XIV. 

§   1.      Citizenship,   and   Rights   Thereof. 

All  persons  born  or  naturalized  in  the  United  States,  and 
subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 


CONSTITUTION    RELATING    TO    ELECTIONS. 


States  and  of  the  State  wherein  they  reside.  No  State  shall 
make  or  enforce  any  laws  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law,  nor  deny  to  any  person  within  its  juris- 
diction the  equal  protection  of  the  laws. 


ARTICLE  XV. 

§   1.      Right  to  Vote. 

The  right  of  citizens  of  the  United  States  to  vote  shall  not 
be  denied  or  abridged  by  the  United  States,  or  by  any  State, 
on  account  of  race,  color,  or  previous  condition  of  servitude. 


ARTICLE  XVII. 

"The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof,  for 
six  years ;  and  each  Senator  shall  have  one  vote.  The  electors 
in  each  State  shall  have  the  qualifications  requisite  for  elect- 
ors of  the  most  numerous  branch  of  the  State  legislatures. 

"When  vacancies  happen  in  the  representation  of  any  State 
in  the  Senate,  the  executive  authority  of  such  State  shall  issue 
writs  of  election  to  fill  such  vacancies;  provided,  that  the 
legislature  of  any  State  may  empower  the  executive  thereof 
to  make  temporary  appointments  until  the  people  fill  the 
vacancies  by  election  as  the  legislature  may  direct. 

"This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  Senator  chosen  before  it  becomes  valid 
as  part  of  the  Constitution." 

Adopted  in  lieu  of  the  first  paragraph  of  Section  3  of  Article  I,  and  also  so 
much  of  paragraph  two  of  the  same  section  as  relates  to  the  filling  of  vacancies. 


CONSTITUTION    RELATING    TO    ELECTIONS. 


PROVISIONS   OF  CONSTITUTION   OF   OREGON   RELATING  TO 

ELECTIONS. 


ARTICLE  I. 

BILL  OF  RIGHTS. 
§   18.      Private  Property   Taken  for  Public  Uses. 

Private  property  shall  not  be  taken  for  public  use,  nor  the 
particular  services  of  any  man  be  demanded,  without  just 
compensation ;  nor,  except  in  case  of  the  State,  without  such 
compensation  first  assessed  and  tendered. 

§   20.      Exclusive  Privileges. 

No  law  shall  be  passed  granting  to  any  citizen  or  class  of 
citizens  privileges  or  immunities  which,  upon  the  same  terms, 
shall  not  equally  belong  to  all  citizens. 

§   26.      Assemblages  of  the  People. 

No  law  shall  be  passed  restraining  any  of  the  inhabitants 
of  the  State  from  assembling  together  in  a  peaceable  manner 
to  consult  for  their  common  good;  nor  from  instructing  their 
representatives;  nor  from  applying  to  the  legislature  for 
redress  of  grievances. 

ARTICLE  II. 
SUFFRAGE    AND    ELECTIONS. 
§    1.      Elections  Free. 

All  elections  shall  be  free  and  equal. 

The  Lockwood  law,  providing  a  method  for  holding  primary  elections  for 
the  selection  of  delegates  to  nominating  conventions,  imposes  no  restraint  upon 
electors  and  does  not  deny  them  their  proper  influence  and  is  not  in  conflict 
with  this  section:  Ladd  v.  Holmes,  40  Or.  167,  66  Pac.  714. 

To  be  "free"  means  that  the  voter  shall  be  left  to  the  untrammeled  exercise, 
whether  by  civil  or  military  authority,  of  his  right  or  privilege ;  that  is  to  say, 
no  impediment  or  restraint  of  any  character  shall  be  imposed  upon  him,  either 
directly  or  indirectly  whereby  he  shall  be  hindered  or  prevented  from  participa- 
tion at  the  polls.  The  word  "equal"  has  a  different  signification ;  every  elector 
has  the  right  to  have  his  vote  counted  for  all  it  is  worth  in  proportion  to  the 
whole  number  of  qualified  electors  desiring  to  exercise  their  privilege ;  so  that 
the  terms  free  and  equal,  used  as  they  are  correlatively,  signify,  not  only  that 
the  election  shall  be  open  and  untrammeled  to  all  persons  endowed  with  the 
elective  franchise,  but  shall  be  closed  to  all  not  in  the  enjoyment  of  such 
privilege:  Ladd  v.  Holmes,  40  Or.  167,  66  Pac.  714. 

§   2.      Qualifications   of  Electors. 

In  all  elections  not  otherwise  provided  for  by  this  Constitu- 
tion, every  citizen  of  the  United  States,  of  the  age  of  twenty- 


8  CONSTITUTION    RELATING    TO    ELECTIONS. 

one  years  and  upwards,  who  shall  have  resided  in  the  State 
during  the  six  months  immediately  preceding  such  election; 
and  every  person  of  foreign  birth  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have  resided  in  this  State  dur- 
ing the  six  months  immediately  preceding  such  election,  and 
shall  have  declared  his  or  her  intention  to  become  a  citizen 
of  the  United  States  one  year  preceding  such  election,  con- 
formably to  the  laws  of  the  United  States  on  the  subject  of 
naturalization,  shall  be  entitled  to  vote  at  all  elections  author- 
ized by  law. 

NOTE. — The  foregoing  amendment  was  proposed  by  the  people  by  initiative 
petition  and  approved  by  a  majority  of  A'otes  cast  thereon  at  the  general 
election  held  November  5,  1912.  There  were  61,265  votes  cast  for  said  amend- 
ment and  57,104  votes  cast  against  and  under  the  provisions  of  law  by  proclama- 
tion of  the  Governor,  dated  November  30,  1912,  took  effect  on  said  dat^. — 
SECRETARY  OF  STATE. 

§   3.      Idiots,  Insane,  and  Convicts. 

No  idiotic  or  insane  person  shall  be  entitled  to  the  privileges 
of  an  elector ;  and  the  privilege  of  an  elector  shall  be  forfeited 
by  a  conviction  of  any  crime  which  is  punishable  by  imprison- 
ment in  the  penitentiary. 

The  term  "conviction,"  as  used  here,  is  used  in  the  primary  and  ordinary 
sense,  and  signifies  proving  or  finding  that  the  defendant  is  guilty  either  by 
the  verdict  of  the  jury,  or  his  plea  to  that  effect,  and  does  not  include  the 
punishment  which  follows  thereon.  A  crime  is  punishable  by  imprisonment 
an  the  penitentiary  when  by  any  law  it  may  be  so  punished,  and  the  fact 
that  it  also  may  be  or  is  otherwise  punished  does  not  change  its  grade  or 
character  in  this  respect ;  hence  where  the  punishment  provided  by  statute  for 
a  certain  crime  was  either  imprisonment  in  the  penitentiary,  or  a  fine,  and 
a  person  upon  conviction  by  pleading  guilty  was  punished  by  a  fine,  but  not 
by  imprisonment,  he  forfeited  his  right  to  vote  under  this  provision  of  the  Con- 
stitution :  United  States  v.  Watkinda,  6  Fed.  152. 

The  authority  of  this  decision  is  perhaps  avoided  by  the  amendment  to  sec- 
tion 1230,  of  1895,  which  reads:  "Felony  is  a  crime  which  is  punishable 
with  death  or  by  imprisonment  in  the  penitentiary  of  this  State.  When  a 
crime  punishable  by  imprisonment  in  the  penitentiary  is  also  punishable  by  a 
fine  or  imprisonment  in  the  county  jail  in  the  discretion  of  the  court,  it  shall 
be  deemed  a  misdemeanor  for  all  purposes  after  a  judgment  imposing  pun- 
ishment other  than  imprisonment  in  the  penitentiary." 

This  section  does  not  operate  as  a  restriction^  on  the  pardoning  power. 
Pardon  by  the  Governor  restores  to  the  person  receiving  it  the  provileges  of  an 
elector  forfeited  by  the  crime:  Wood  v.  Fitzgerald,  ?>  Or.  158. 

§   4.      Residence. 

For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States,  or  of  this 
State ;  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  State,  or  of  the  United  States,  or  of  the  high  seas;  nor 
while  a  student  of  any  seminary  of  learning;  nor  while  kept 
at  any  almshouse  or  other  asylum  at  public  expense;  nor 
while  confined  in  any  public  prison. 

Though  an  employee  of  the  United  States,  or  of  the  State  does  not  ~ain 
or  lose  a  residence  by  reason  of  his  presence  or  absence  in  such  service,  he 
may,  by  appropriate  steps,  gain  n.  residence  at  such  point  as  he  may  desire 
independently  of  such  employment:  Wood  v.  Fitzgerald,  3  Or  568 


CONSTITUTION    RELATING    TO    ELECTIONS. 


§   5.      Soldiers,   Seamen,   and  Marines   Not  to   Vote — Residence  Of. 

No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have 
acquired  a  residence  in  the  State  in  consequence  of  having 
been  stationed  within  the  same ;  nor  shall  any  such  soldier, 
seaman,  or  marine  have  the  right  to  vote. 

§   6.      Negroes,   Chinamen,   Etc. 

No  negro,  Chinaman,  or  mulatto  shall  have  the  right  of 
suffrage. 

Negroes  or  mulattoes  born  or  naturalized  in  the  United  States  and  subject 
to  the  jurisdiction  thereof  by  virtue  of  the  fourteenth  amendment  are  now 
citizens  of  the  United  States  and  the  State  wherein  they  reside,  and,  there- 
fore, by  virtue  of  the  fifteenth  amendment,  are  entitled  to  the  right  of  suffrage 
in  this  State  the  same  as  white  persons ;  and  the  same  is  true  of  all  persons 
born  or  naturalized  in  the  United  States  and  subject  to  the  jurisdiction  thereof  : 
The  Slaughterhouse  Cases,  16  Wall.  71.  See  note  on  Article  II,  Section  2,  ante. 

§    7.      Bribery  at  Elections. 

Every  person  shall  be  disqualified  from  holding  office  during 
the  term  for  which  he  may  have  been  elected,  who  shall  have 
given  or  offered  a  bribe,  threat,  or  reward  to  procure  his 
election. 

A  promise  by  a  candidate  for  a  county  office  to  the  voters  of  his  county 
that  if  elected  he  will  pay  a  certain  part  of  the  salary  of  the  office  into  the 
county  treasury,  though  very  objectionable  on  the  grounds  of  public  policy, 
is  not  an  offer  of  a  bribe  or  reward  within  the  meaning  of  this  section,  unless 
the  voters  sought  to  be  influenced  thereby  are  taxpayers  of  the  county,  or 
would  in  some  way  be  benefited  by  the  performance  of  the  offer :  State  v. 
Dustin,  5  Or.  375. 

§   8.      Election  Laws. 

The  legislative  assembly  shall  enact  laws  to  support  the 
privilege  of  free  suffrage,  prescribing  the  manner  of  regulat- 
ing and  conducting  elections,  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  therein  from  power,  bribery, 
tumult,  and  other  improper  conduct. 


§   9.      Penalty    for   Dueling. 

Every  person  who  shall  give  or  accept  a  challenge  to  fight 
a  duel,  or  who  shall  knowingly  carry  to  another  person  such 
challenge,  or  who  shall  agree  to  go  out  of  the  State  to  fight  a 
duel,  shall  be  ineligible  to  any  office  of  trust  or  profit. 


§    10.      Lucrative   Offices. 

No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States  or  under  this  State  shall  be  eligible  to  a 
seat  in  the  legislative  assembly;  nor  shall  any  person  hold 


10  CONSTITUTION    RELATING    TO    ELECTIONS. 


more  than  one  lucrative  office  at  the  same  time,  except  as  in 
this  Constitution  expressly  permitted;  provided,  that  offices 
in  the  militia,  to  which  there  is  attached  no  annual  salary, 
and  the  office  of  postmaster,  where  the  compensation  does 
not  exceed  $100  per  annum,  shall  not  be  deemed  lucrative. 

The  office  of  deputy  collector  of  internal  revenue  is  a  "lucrative  office," 
within  the  meaning  of  this  section:  Hermann's  Case,  Senate  Journal,  1870,  p.  32. 

§   11.      Ineligibility  to  Office  of  Collector,  When. 

No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  moneys  shall  be  eligible  to  any  office  of  trust  or  profit, 
until  he  shall  have  accounted  for  and  paid  over,  according  to 
law,  all  sums  for  which  he  may  be  liable. 

§   12.      Temporary   Appointment   to  Office. 

In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be 
filled  by  the  same  person  more  than  a  certain  number  of 
years  continuously,  an  appointment  pro  tempore  shall  not  be 
reckoned  a  part  of  that  term. 

§    13.      Privileges   of  Electors. 

In  all  cases  except  treason,  felony,  and  breach  of  the  peace, 
electors  shall  be  free  from  arrest  in  going  to  elections,  during 
their  attendance  there,  and  in  returning  from  the  same;  and 
no  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any  day 
of  election,  except  in  time  of  war  or  public  danger. 

§    14.      Time   of  Holding  Elections. 

The  regular  general  biennial  election  in  Oregon  for  the 
year  A.  D.  1910  and  thereafter  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November.  All  officers 
except  the  Governor,  elected  for  a  six-year  term  in  1904  or 
for  a  four-year  term  in  1906,  or  for  a  two-year  term  in  1908, 
shall  continue  to  hold  their  respective  offices  until  the  first 
Monday  in  January,  1911;  and  all  officers  except  the  Gov- 
ernor, elected  at  any  regular  general  biennial  election  after 
the  adoption  of  this  amendment,  shall  assume  the  duties  of 
their  respective  offices  on  the  first  Monday  in  January  fol- 
lowing such  election.  All  laws  pertaining  to  the  nomination 
of  candidates,  registration  of  voters,  and  all  other  things 
incident  to  the  holding  of  the  regular  biennial  election  shall 
be  enforced  and  be  effected  the  same  number  of  days  before 
the  first  Tuesday  after  the  first  Monday  in  November  that 
they  have  heretofore  been  before  the  first  Monday  in  June 
biennially,  except  as  may  hereafter  be  provided  by  law. 

NOTE.— The  foregoing  amendment  was  submitted  to  the  people  by  the  legis- 
lative assembly  and  approved  by  the  majority  of  the  votes  cast  thereon  at  the 
general  election  held  June  1,  1908.  There  were  65,728  votes  cast  for  said 
amendment  and  18,590  against,  and  under  the  provisions  of  law  by  a  proclama- 
G°vernor'  dated  June  23'  1908-  to°k  effect  on  said date.— s™ 


CONSTITUTION    RELATING    TO    ELECTIONS.  11 

§    15.      How   Votes   to   Be   Given. 

In  all  elections  by  the  legislative  assembly,  or  by  either 
branch  thereof,  votes  shall  be  given  openly  or  viva  voce,  and 
not  by  ballot  forever,  and  in  all  elections  by  the  people,  votes 
shall  be  given  openly  or  viva  voce,  until  the  legislative  assembly 
shall  otherwise  direct. 

"Election,"  as  here  used,  is  equivalent  to  "appointment"  :  State  v.  Thompson, 
34  Or.  33,  54  Pac.  349. 

§    16.      Plurality   Elects — Provision    for   Proportional    Representation. 

In  all  elections  authorized  by  this  Constitution  until  other- 
wise provided  by  law,  the  person  or  persons  receiving  the 
highest  number  of  votes  shall  be  declared  elected,  but  provision 
may  be  made  by  law  for  elections  by  equal  proportional  repre- 
sentation of  all  the  voters  for  every  office  which  is  filled  by  the 
election  of  two  or  more  persons  whose  official  duties,  rights, 
and  powers  are  equal  and  concurrent.  Every  qualified  elector 
resident  in  his  precinct  and  registered  as  may  be  required 
by  law,  may  vote  for  one  person  under  the  title  for  each  office. 
Provision  may  be  made  by  law  for  the  voter's  direct  or 
indirect  expression  of  his  first,  second  or  additional  choices 
among  the  candidates  for  any  office.  For  an  office  which  is 
filled  by  the  election  of  one  person  it  may  be  required  by  law 
that  the  person  elected  shall  be  the  final  choice  of  a  majority 
of  the  electors  voting  for  candidates  for  that  office.  These 
principles  may  be  applied  by  law  to  nominations  by  political 
parties  and  organizations. 

NOTE. — The  foregoing  amendment  was  proposed  by  the  peiple  by  initiative 
petition  and  approved  by  a  majority  of  the  votes  cast  thereon  at  the  general 
election  held  June  1,  1908.  There  were  48,868  votes  cast  for  said  amendment, 
and  34,128  against;  and  under  the  provisions  of  law,  by  a  proclamation  of  the 
Governor,  dated  June  23,  1908,  it  took  effect  on  said  date. — SECRETARY  OF  STATE. 

§   17.      Place   of  Voting. 

All  qualified  electors  shall  vote  in  the  election  precinct  in  the 
county  where  they  may  reside  for  county  officers,  and  in  any 
county  in  the  State  for  State  officrs,  or  in  any  county  of  a 
congressional  district  in  which  such  electors  may  reside  for 
members  of  Congress. 

When  an  individual  is  a  bona  fide  resident  of  a  county,  but  has  no  fixed 
residence  or  domicile  in  any  particular  precinct  therein,  he  may  vote  in  any 
precinct  in  which  he  finds  himself  on  the  day  of  election  :  Wood  v.  Fitzgerald, 
3  Or.  568. 

Failure  to  vote  for  precinct  officers  raises  no  presumption  that  the  voter 
was  not  a  resident  of  the  precinct:  Van  Winkle  v.  Crabtree,  34  Or.  478,  55 
Pac.  831. 

§    18.      Recall. 

Every  public  officer  in  Oregon  is  subject,  as  herein  pro- 
vided, to  recall  by  the  legal  voters  of  the  State  or  of  the 
electoral  district  from  which  he  is  elected.  There  may  be 


12  CONSTITUTION-  RELATING    TO    ELECTIONS. 

required  twenty-five  per  cent,  but  not  more,  of  the  number  of 
electors  who  voted  in  his  district  at  the  preceding  election  for 
justice  of  the  Supreme  Court  to  file  their  petition  demanding 
his  recall  by  the  people.  They  shall  set  forth  in  said  petition 
the  reasons  for  said  demand.  If  he  shall  offer  his  resignation, 
it  shall  be  accepted  and  take  effect  on  the  day  it  is  offered,  and 
the  vacancy  shall  be  filled  as  may  be  provided  by  law.  If  he 
shall  not  resign  within  five  days  after  the  petition  is  filed,  a 
special  election  shall  be  ordered  to  be  held  within  twenty  days 
in  his  said  electoral  district  to  determine  whether  the  people 
will  recall  said  officer.  On  the  sample  ballot  at  said  election 
shall  be  printed  in  not  more  than  two  hundred  words,  the 
reasons  for  demanding  the  recall  of  said  officer  as  set  forth  in 
the  recall  petition,  and  in  not  more  than  two  hundred  words, 
the  officer's  justification  of  his  course  in  office.  He  shall  con- 
tinue to  perform  the  duties  of  his  office  until  the  result  of  said 
special  election  shall  be  officially  declared.  Other  candidates 
for  the  office  may  be  nominated  to  be  voted  for  at  said  special 
election.  The  candidate  who  shall  receive  the  highest  number 
of  votes  shall  be  deemed  elected  for  the  remainder  of  the  term, 
whether  it  be  the  person  against  whom  the  recall  petition  was 
filed,  or  another.  The  recall  petition  shall  be  filed  with  the 
officer  with  whom  a  petition  for  nomination  to  such  office 
should  be  filed,  and  the  same  officer  shall  order  the  special 
election  when  it  is  required.  No  such  petition  shall  be  circu- 
lated against  any  officer  until  he  has  actually  held  his  office  six 
months,  save  and  except  that  it  may  be  filed  against  a  senator 
or  representative  in  the  legislative  assembly  at  any  time  after 
five  days  from  the  beginning  of  the  first  session  after  his 
election.  After  one  such  petition  and  special  election,  no 
further  recall  petition  shall  be  filed  against  the  same  officer 
during  the  term  for  which  he  was  elected  unless  such  further 
petitioners  shall  first  pay  into  the  public  treasury  which  has 
paid  such  special  election  expenses,  the  whole  amount  of  its 
expenses  for  the  preceding  special  election.  Such  additional 
legislation  as  may  aid  the  operation  of  this  section  shall  be 
provided  by  the  legislative  assembly,  including  provision  for 
payment  by  the  public  treasury  of  the  reasonable  special 
election  campaign  expenses  of  such  officer.  But  the  words 
"the  legislative  assembly  shall  provide"  or  any  similar  or 
equivalent  words  in  this  Constitution  or  any  amendment 
thereto,  shall  not  be  construed  to  grant  to  the  legislative 
assembly  any  exclusive  power  of  lawmaking  nor  in  any  way 
to  limit  the  initiative  and  referendum  powers  reserved  by 
the  people. 

NOTE.— The  foregoing  amendment  was  proposed  by  the  people  by  initiative 
petition  and  approved  by  a  majority  of  the  votes  cast  therein  at  tho  e-PnArli 
election  held  June  1,  1908.  There  were  58,381  votes  cast  for  safd  amendment 
and  31,002  against;  and  under  the  provisions  of  law  by  a  proclamation  oTth^ 
Governor,  dated  June  23,  1908,  it  took  effect  on  said  date.— SECRETARY  o?  STATE! 


CONSTITUTION    RELATING    TO    ELECTIONS.  13 


ARTICLE  IV. 

LEGISLATIVE    DEPARTMENT. 
§   1.      Legislative  Authority — Style  of  Bill — Initiative  and  Referendum. 

The  legislative  authority  of  the  State  shall  be  vested  in  a 
legislative  assembly,  consisting  of  the  senate  and  house  of 
representatives,  but  the  people  reserve  to  themselves  power 
to  propose  laws  and  amendments  to  the  Constitution  and  to 
enact  or  reject  the  same  at  the  polls,  independent  of  the  legis- 
lative assembly,  and  also  reserve  power  at  their  own  option 
to  approve  or  reject  at  the  polls  any  act  of  the  legislative 
assembly.  The  first  power  reserved  by  the  people  is  the 
initiative,  and  not  more  than  eight  per  cent  of  the  legal  voters 
shall  be  required  to  propose  any  measure  by  such  petition, 
and  every  such  petition  shall  include  the  full  text  of  the  meas- 
ure so  proposed.  Initiative  petitions  shall  be  filed  with  the 
Secretary  of  State  not  less  than  four  months  before  the  elec- 
tion at  which  they  are  to  be  voted  upon.  The  second  power 
is  the  referendum,  and  it  may  be  ordered  (except  as  to  laws 
necessary  for  the  immediate  preservation  of  the  public  peace, 
health  or  safety) ,  either  by  the  petition  signed  by  five  per 
cent  of  the  legal  voters,  or  by  the  legislative  assembly,  as 
other  bills  are  enacted.  Referendum  petitions  shall  be  filed 
with  the  Secretary  of  State  not  more  than  ninety  days  after 
the  final  adjournment  of  the  session  of  the  legislative  assembly 
which  passed  the  bill  on  which  the  referendum  is  demanded. 
The  veto  power  of  the  Governor  shall  not  extend  to  measures 
referred  to  the  people.  All  elections  on  measures  referred  to 
the  people  of  the  State  shall  be  had  at  the  biennial  regular 
general  elections,  except  when  the  legislative  assembly  shall 
order  a  special  election.  Any  measure  referred  to  the  people 
shall  take  effect  and  become  the  law  when  it  is  approved  by  a 
majority  of  the  votes  cast  thereon,  and  not  otherwise.  The 
style  of  all  bills  shall  be :  "Be  it  enacted  by  the  people  of  the 
State  of  Oregon."  This  section  shall  not  be  construed  to 
deprive  any  member  of  the  legislative  assembly  of  the  right 
to  introduce  any  measure.  The  whole  number  of  votes  cast 
for  justice  of  the  Supreme  Court  at  the  regular  election  last 
preceding  the  filing  of  any  petition  for  the  initiative  or  for 
the  referendum  shall  be  the  basis  on  which  the  number  of 
legal  voters  necessary  to  sign  such  petition  shall  be  counted. 
Petitions  and  orders  for  the  initiative  and  for  the  referendum 
shall  be  filed  with  the  Secretary  of  State,  and  in  submitting 
the  same  to  the  people  he,  and  all  other  officers,  shall  be 


14  CONSTITUTION    RELATING    TO    ELECTIONS. 

guided  by  the  general  laws  and  the  act  submitting  this  amend- 
ment, until  legislation  shall  be  especially  provided  therefor. 

The  above  section  is  an  amendment  to  the  original  Constitution,  and  was 
adopted  by  the  Twentieth  Legislative  Assembly;  adopted  by  the  Twenty-First 
Legislative  Assembly;  adopted  by  the  people,  by  vote  of  62,024  for,  to  5,668 
against  it,  June  2,  1902. 

§    la.      Initiative    and    Referendum    on   Local,    Special,    and    Municipal 
Laws   and    Parts   of   Laws. 

The  referendum  may  be  demanded  by  the  people  against 
one  or  more  items,  sections,  or  parts  of  any  act  of  the  legis- 
lative assembly  in  the  same  manner  in  which  such  power  may 
be  exercised  against  a  complete  act.  The  filing  of  a  referendum 
petition  against  one  or  more  items,  sections,  or  parts  of  an 
act  shall  not  delay  the  remainder  of  that  act  from  becoming 
operative.  The  initiative  and  referendum  powers  reserved 
to  the  people  by  this  Constitution  are  hereby  further  reserved 
to  the  legal  voters  of  every  municipality  and  district,  as  to  all 
local,  special,  and  municipal  legislation,  of  every  character,  in 
or  for  their  respective  municipalities  and  districts.  The  man- 
ner of  exercising  said  powers  shall  be  prescribed  by  general 
laws,  except  that  cities  and  towns  may  provide  for  the  man- 
ner of  exercising  the  initiative  and  referendum  powers  as 
to  their  municipal  legislation.  Not  more  than  ten  per  cent  of 
the  legal  voters  may  be  required  to  order  the  referendum  nor 
more  than  fifteen  per  cent  to  propose  any  measure,  by  the 
initiative,  in  any  city  or  town. 

The  above  section  was  proposed  by  initiative  petition  filed  in  the  office  of 
the  Secretary  of  State  February  3,  1906,  and  adopted  by  vote  of  the  people 
47,678  for,  and  16,735  against,  June  4,  1906.  It  went  into  effect  by  proclama- 
tion of  the  Governor,  issued  June  25,  1906. 

Section  1  as  originally  adopted  was  as  follows:  "The  legislative  authority 
of  the  State  shall  be  vested  in  the  legislative  assembly  which  shall  consist  of  a 
senate  and  house  of  representatives.  The  style  of  every  bill  shall  be  'Be  it 
enacted  by  the  legislative  assembly  of  the  State  of  Oregon,'  and  no  law  shall 
be  enacted  except  by  bill." 

§   2.      \umber   of   Senators   and   Representatives. 

The  senate  shall  consist  of  sixteen,  and  the  house  of  repre- 
sentatives of  thirty-four  members,  which  number  shall  not 
be  increased  until  the  year  1860,  after  which  time  the  legis- 
lative assembly  may  increase  the  number  of  senators  and 
representatives ;  always  keeping,  as  near  as  may  be,  the  same 
ratio  as  to  the  number  of  senators  and  representatives;  pro- 
vided, that  the  senate  shall  never  exceed  thirty,  and  the  house 
of  representatives  sixty  members. 

§   3.      By   Whom   Chosen. 

The  senators  and  representatives  shall  be  chosen  by  the 
electors  of  the  respective  counties  or  districts  into  which  the 
State  may  from  time  to  time  be  divided  by  law. 


CONSTITUTION    RELATING    TO    ELECTIONS.  15 

§   4.      Term    of    Office — Senators,    How    Classifie€l. 

The  senators  shall  be  elected  for  the  term  of  four  years, 
and  representatives  for  the  term  of  two  years  from  the  day 
next  after  their  general  elections;  provided,  however,  that 
the  senators-elect,  at  the  first  session  of  the  legislative  assem- 
bly under  this  Constitution,  shall  be  divided  by  lot  into  two 
equal  classes,  as  nearly  as  may  be;  and  the  seats  of  senators 
of  the  first  class  shall  be  vacated  at  the  expiration  of  two 
years,  and  those  of  the  second  class  at  the  expiration  of  four 
years;  so  that  one-half,  as  nearly  as  possible,  shall  be  chosen 
biennially  forever  thereafter.  And  in  case  of  the  increase 
of  the  number  of  senators,  they  shall  be  so  annexed  by  lot 
to  one  or  the  other  of  the  two  classes  as  to  keep  them  as  nearly 
equal  as  possible. 

§  5.      Census. 

The  legislative  assembly  shall,  in  the  year  1865,  and  every 
ten  years  after,  cause  an  enumeration  to  be  made  of  all  the 
white  population  of  the  State. 

§   6.      Apportionment. 

The  number  of  senators  and  representatives  shall,  at  the 
session  next  following  an  enumeration  of  the  inhabitants  by 
the  United  States  or  this  State,  be  fixed  by  law,  and  appor- 
tioned among  the  several  counties  according  to  the  number 
of  white  population  in  each.  And  the  ratio  of  senators  and 
representatives  shall  be  determined  by  dividing  the  whole 
number  of  white  population  of  such  county  or  district,  by 
such  respective  ratios;  and  when  a  fraction  shall  result  from 
such  division,  which  shall  exceed  one-half  of  such  ratio,  such 
county  or  district  shall  be  entitled  to  a  member  for  such  frac- 
tion. And  in  case  any  county  shall  not  have  the  requisite 
population  to  entitle  such  county  to  a  member,  then  such 
county  shall  be  attached  to  some  adjoining  county  for  sena- 
torial or  representative  purposes. 

§   7.      Senatorial  Districts. 

A  senatorial  district,  when  more  than  one  county  shall  con- 
stitute the  same,  shall  be  composed  of  contiguous  counties, 
and  no  county  shall  be  divided  in  creating  senatorial  districts. 

§   8.      Qualification  of  Senators,  Etc. 

No  person  shall  be  a  senator  or  representative  who,  at  the 
time  of  his  election,  is  not  a  citizen  of  the  United  States ;  nor 
any  one  who  has  not  been  for  one  year  next  preceding  his 
election  an  inhabitant  of  the  county  or  district  whence  he 
may  be  chosen.  Senators  and  representatives  shall  be  at  least 
twenty-one  years  of  age. 


16  CONSTITUTION    RELATING    TO    ELECTIONS. 

§   9.      When   Free   From   Arrest — Words   Uttered   in  Debate. 

Senators  and  representatives  in  all  cases,  except  for  treason, 
felony,  or  breaches  of  the  peace,  shall  be  privileged  from 
arrest  during  the  session  of  the  legislative  assembly,  and  in 
going  to  and  returning  from  the  same;  and  shall  not  be  sub- 
ject to  any  civil  process  during  the  session  of  the  legislative 
assembly,  nor  during  the  fifteen  days  next  before  the  com- 
mencement thereof.  Nor  shall  a  member  for  words  uttered 
in  debate  in  either  house,  be  questioned  in  any  other  place. 

§   10.      Sessions   of   the   Legislative   Assembly. 

The  sessions  of  the  legislative  assembly  shall  be  held 
biennially  at  the  Capital  of  the  State,  commtncing  on  the  sec- 
ond Monday  of  September,  in  the  year  1858,  and  on  the  same 
day  of  every  second  year  thereafter,  unless  a  different  day 
shall  have  been  appointed  by  law. 

NOTE. — As  allowed  by  the  last  clause  in  Section  10,  the  legislative  assembly 
of  the  State,  at  its  session  held  in  1882,  passed  an  act  changing  the  time  of 
meeting  of  the  assembly  from  that  time  forward  to  the  second  Monday  in 
Jonuary,  following  each  biennial  election. 

§   11.      Election   of  Officers — Judge   of   Qualification  of  Members,   Etc. 

Each  house,  when  assembled,  shall  choose  its  own  officers, 
judge  of  the  election,  qualifications  and  returns  of  its  own 
members,  determine  its  own  rules  of  proceeding,  and  sit  upon 
its  own  adjournments;  but  neither  House  shall,  without  the 
concurrence  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  it  may  be  sitting. 

§    12.      Quorum. 

Two-thirds  of  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  meet,  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members.  A 
quorum  being  in  attendance,  if  either  house  fail  to  effect  an 
organization  within  the  first  five  days  thereafter,  the  members 
of  the  house  so  failing  shall  be  entitled  to  no  compensation 
from  the  end  of  the  said  five  days  until  an  organization  shall 
have  been  effected. 

§   23.      What   Local   and    Special   Laws   Prohibited. 

The  legislative  assembly  shall  not  pass  special  or  local  laws 
in  any  of  the  following  enumerated  cases;  that  is  to  say 

1.  Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  and  of  constables; 

2.  For  the  punishment  of  crimes  and  misdemeanors; 

3.  Regulating  the  practice  in  courts  of  justice; 


CONSTITUTION    RELATING    TO    ELECTIONS.  17 


4.  Providing  for  changing  the  venue  in  civil  and  criminal 
cases ; 

5.  Granting  divorces; 

6.  Changing  the  names  of  persons; 

7.  For  laying,  opening,  and  working  on  highways,  and  for 
the  election  or  appointment  of  supervisors; 

8.  Vacating  roads,  town  plats,    streets,    alleys,  and  public 
squares ; 

9.  Summoning  and  impaneling  grand  and  petit  jurors; 

10.  For  the  assessment    and    collection  of  taxes  for  State, 
county,  township,  or  road  purposes; 

11.  Providing  for  supporting  common  schools,  and  for  the 
preservation  of  school  funds; 

12.  In  relation  to  interest  on  money; 

13.  Providing  for  opening  and  conducting  the  elections  of 
State,   county,   and   township   officers,   and   designating    the 
places  of  voting; 

14.  Providing  for  the  sale  of  real  estate  belonging  to  minors 
or  other  persons  laboring  under  legal  disabilities,  by  executors, 
administrators,  guardians,  or  trustees. 

§   30.      Members   Xot   Eligible  to  Other   Office. 

No  senator  or  representative  shall,  during  the  time  for 
which  he  may  have  been  elected,  be  eligible  to  any  office,  the 
election  to  which  is  vested  in  the  legislative  assembly;  nor 
shall  be  appointed  to  any  civil  office  of  profit  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have  been 
increased  during  such  term,  but  this  latter  provision  shall 
not  be  construed  to  apply  to  any  officer  elective  by  the  people. 

§   31.      Oath    of    Members. 

The  members  of  the  legislative  assembly  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  sub- 
scribe the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  Constitution  of 
the  State  of  Oregon,  and  that  I  will  faithfully  discharge  the  duties  of 
senator  (or  representative,  as  the  case  may  be),  according  to  the  best 
of  my  ability." 

And  such  oath  may  be  administered  by  the  Governor,  Sec- 
retary of  State,  or  judge  of  the  Supreme  Court. 


18  CONSTITUTION    RELATING    TO    ELECTIONS. 


ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 
§    1.      Executive   Power — Term   of  Office. 

The  chief  executive  power  of  the  State  shall  be  vested  in  a 
Governor,  who  shall  hold  his  office  for  the  term  of  four  years ; 
and  no  person  shall  be  eligible  to  such  office  more  than  eight 
in  any  period  of  twelve  years. 

§   2.      Qualifications   of  Governor. 

No  person,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  Governor,  nor  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  the  age  of 
thirty  years,  and  who  shall  not  have  been  three  years  next 
preceding  his  election  a  resident  within  this  State. 

§   3.      Who  Not  Eligible. 

No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  under  this  State,  or  under  any  other 
power,  shall  fill  the  officf  of  Governor,  except  as  may  be  other- 
wise provided  in  this  Constitution. 

§   4.      Election  of  Governor. 

The  Governor  shall  be  elected  by  the  qualified  electors  of 
the  State  at  the  times  and  places  of  choosing  members  of  the 
legislative  assembly,  and  the  returns  of  every  election  for 
Governor  shall  be  sealed  up  and  transmitted  to  the  Secretary 
of  State,  directed  to  the  speaker  of  the  house  of  representa- 
tives, who  shall  open  and  publish  them  in  the  presence  of 
both  houss  of  the  legislative  assembly. 

§   5.      In   Case   of  Tie. 

The  person  having  the  highest  number  of  votes  for  Gov- 
ernor shall  be  elected ;  but  in  case  two  or  more  persons  shall 
have  an  equal,  and  the  highest  number  of  votes  for  Governor, 
the  two  houses  of  the  legislative  assembly,  at  the  next  regular 
session  thereof,  shall  forthwith,  by  joint  vote,  proceed  to  elect 
one  of  the  said  persons  Governor. 

§   6.      Contested  Elections. 

Contested  elections  for  Governor  shall  be  determined  by  the 
legislative  assembly  in  such  manner  as  may  be  prescribed 
by  law. 


CONSTITUTION    RELATING    TO    ELECTIONS.  19 


§    7.      Term   of  Office. 

The  official  term  of  the  Governor  shall  be  four  years;  and 
shall  commence  at  such  times  as  may  be  provided  by  this 
Constitution,  or  prescribed  by  law. 

§    16.      Governor  to   Fill   Vacancies   by  Appointment. 

When,  during  a  recess  of  the  legislative  assembly,  a  vacancy 
shall  happen  in  any  office,  the  appointment  to  which  is  vested 
in  the  legislative  assembly;  or  when  at  any  time  a  vacancy 
shall  have  occurred  in  any  other  State  office,  or  in  the  office 
of  judge  of  any  court,  the  Governor  shall  fill  such  vacancy 
by  appointment,  which  shall  expire  when  a  successor  shall 
have  been  elected  and  qualified. 

§    17.      Issue   AVrits   of  Election. 

He  shall  issue  writs  of  election  to  fill  such  vacancies  as  may 
have  occurred  in  the  legislative  assembly. 


ARTICLE  VI. 

ADMINISTRATIVE   DEPARTMENT. 
§    1.      Election   of   Secretary   and   Treasurer  of   State. 

There  shall  be  elected  by  the  qualified  electors  of  the  State, 
at  the  time  and  places  of  choosing  members  of  the  legislative 
assembly,  a  Secretary  and  Treasurer  of  State,  who  shall  sev- 
erally hold  their  offices  for  the  term  of  four  years;  but  no 
person  shall  be  eligible  to  either  of  said  offices  more  than 
eight  in  any  period  of  twelve  years. 

§   6.      County   Officers. 

There  shall  be  elected  in  each  county,  by  the  qualified  elect- 
ors thereof,  at  the  time  of  holding  general  elections,  a  county 
clerk,  treasurer,  sheriff,  coroner,  and  surveyor,  who  shall 
severally  hold  their  offices  for  the  term  of  two  years. 

§    7.      Other   Officers. 

Such  other  county,  township,  precinct,  and  city  officers  as 
may  be  necessary  shall  be  elected  or  appointed  in  such  manner 
as  may  be  prescribed  by  law. 

§   8.      Qualifications   of  County   Officers. 

No  person  shall  be  elected  or  appointed  to  a  county  office 
who  shall  not  be  an  elector  of  the  county;  and  all  county, 


20  CONSTITUTION    RELATING    TO    ELECTIONS. 

township,  precinct  and  city  officers  shall  keep  their  respective 
offices  at  such  places  therein,  and  perform  such  duties  as  may 
be  prescribed  by  law. 

§   9.      Vacancies,   How  Filled. 

Vacancies  in  county,  township,  precinct  and  city  offices  shall 
be  filled  in  such  manner  as  may  be  prescribed  by  law. 


ARTICLE  VII. 

JUDICIAL  DEPARTMENT. 
§   1.      Judicial  Power  of  State,  in  Whom  Vested. 

The  judicial  powers  of  the  State  shall  be  vested  in  one 
Supreme  Court  and  in  such  other  courts  as  may  from  time 
to  time  be  created  by  law.  The  judges  of  the  Supreme  and 
other  courts  shall  be  elected  by  the  legal  voters  of  the  State 
or  of  their  respective  districts  for  a  term  of  six  years,  and 
shall  receive  such  compensation  as  may  be  provided  by  law, 
which  compensation  shall  not  be  diminished  during  the  term 
for  which  they  are  elected. 

§   2.      Judicial   System   Otherwise   to   Remain   Unchanged. 

The  courts,  jurisdiction,  and  judicial  system  of  Oregon, 
except  so  far  as  expressly  changed  by  this  amendment,  shall 
remain  as  at  present  constituted  until  otherwise  provided  by 
law.  But  the  Supreme  Court  may,  in  its  own  discretion,  take 
original  jurisdiction  in  mandamus,  quo  ivarranto,  and  habeas 
corpus  proceedings. 

§   6.      Malfeasance  in  Office — Manner  of  Removal. 

Public  officers  shall  not  be  impeached ;  but  incompetency, 
corruption,  malfeasance  or  delinquency  in  office  may  be  tried 
in  the  same  manner  as  criminal  offenses,  and  judgment  may 
be  given  of  dismissal  from  office,  and  such  further  punish- 
ment as  may  have  been  prescribed  by  law. 

§    7.      Supreme   Judge,   Oath    Of. 

Every  judge  of  the  Supreme  Court,  before  entering  upon 
the  duties  of  his  office,  shall  take  and  subscribe,  and  transmit 
to  the  Secretary  of  State,  the  following  oath: 

"I,  -  — ,  do  solemnly  swear   (or  affirm)   that  I  will 

support  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Oregon,  and  that  I  will  faithfully  and  impartially  dis- 
charge he  duties  of  a  judge  of  the  Supreme  Court  of  this  State,  accord- 


CONSTITUTION    RELATING    TO    ELECTIONS.  21 


ing  to  the  best  of  my  ability,  and  that  I  will  not  accept  any  other  office, 
except  judicial  offices,  during  the  term  for  which  I  have  been  elected." 

NOTE. — Amendment  to  Article  VII  was  submitted  to  the  people  by  initiative 
petition  filed  in  the  office  of  the  Secretary  of  State  July  7,  1910,  and  approved 
by  a  majority  of  the  votes  cast  thereon  at  the  general  election  held  on  the 
8th  day  of  November,  1910.  There  were  44,538  votes  cast  for  said  amendment 
and  39,399  against,  and  was  proclaimed  by  the  Governor  on  December  3,  1910. 

NOTE. — As  shown  by  Section  2,  Article  VII,  as  amended,  above  given,  the 
courts  and  other  officers  created  under  said  article  before  amendment  are 
continued  until  changed  by  law.  The  following  sections  of  the  original  article 
relating  to  elective  officers  are  therefore  given. 

§    11.      County  Judges   and  Terms   of  County  Court. 

There  shall  be  elected  in  each  county,  for  the  term  of  four 
years,  a  county  judge,  who  shall  hold  the  county  court  at 
times  to  be  regulated  by  law. 

§    15.      County  Clerk,  Etc. — Legislature  May  Divide  Duties  of  County 
Clerk. 

A  county  clerk  shall  be  elected  in  each  county  for  the  term 
of  two  years,  who  shall  keep  all  the  public  records,  books,  and 
papers  of  the  county,  record  conveyances,  and  perform  the 
duties  of  clerk  of  the  circuit  and  county  courts,  and  such  other 
duties  as  may  be  prescribed  by  law ;  but  whenever  the  number 
of  voters  in  any  county  shall  exceed  twelve  hundred,  the 
legislative  assembly  may  authorize  the  election  of  one  person 
as  clerk  of  the  circuit  court,  one  person  as  clerk  of  the  county 
court,  and  one  person  recorder  of  conveyances. 

§    16.      Sheriff. 

A  sheriff  shall  be  elected  in  each  county  for  the  term  of  two 
years,  who  shall  be  the  ministerial  officer  of  the  circuit  and 
county  courts,  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  law. 

§    17.      Prosecuting   Attorneys. 

There  shall  be  elected  by  districts  comprised  of  one  or  more 
counties,  a  sufficient  number  of  prosecuting  attorneys,  who 
shall  be  the  law  officers  of  the  State,  and  of  the  counties 
within  their  respective  districts,  and  shall  perform  such  duties 
pertaining  to  the  administration  of  law  and  general  police  as 
the  legislative  assembly  may  direct. 


CONSTITUTION    RELATING    TO    ELECTIONS, 

ARTICLE  VIII. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 
§   1.      Superintendent   of   Public   Instruction. 

The  Governor  shall  be  Superintendent  of  Public  Instruction, 
and  his  powers  and  duties  in  that  capacity  shall  be  such  as 
may  be  prescribed  by  law;  but  after  the  term  of  five  years 
from  the  adoption  of  this  Constitution,  it  shall  be  competent 
for  the  legislative  assembly  to  provide  by  law  for  the  election 
of  a  Superintendent,  to  provide  for  his  compensation,  and 
prescribe  his  powers  and  duties. 

ARTICLE  X. 

MILITIA. 
§    1.      Militia;    Qualifications. 

The  militia  of  this  State  shall  consist  of  all  able-bodied  male 
citizens  between  the  ages  of  eighteen  and  forty-five  years, 
except  such  persons  as  now  are  or  hereafter  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State. 

§   2.      Who  Exempt. 

Persons  whose  religious  tenets  or  consciontious  scruples  for- 
bid them  to  bear  arms,  shall  not  be  compelled  to  do  so  in  time 
of  peace,  but  shall  pay  an  equivalent  for  personal  service. 

§   3.      Officers. 

The  Governor  shall  appoint  the  Adjutant-General  and 
the  other  chief  officers  of  the  general  staff,  and  his  own  staff; 
and  all  officers  of  the  line  shall  be  elected  by  the  persons 
subject  to  military  duty  in  their  respective  districts. 

§   4.      Staff  Officers — Governor  to  Commission. 

The  Majors-General,  Brigadiers-General,  Colonels,  or  Com- 
mandants of  regiments,  battalions,  or  squadrons,  shall  sev- 
erally appoint  their  staff  officers,  and  the  Governor  shall  com- 
mission all  officers  of  the  line  and  staff  ranking  as  such. 

§   5.      Legislature  to  Make  Regulations  for  Militia. 

The  legislative  assembly  shall  fix  by  law  the  method  of 
dividing  the  militia  into  divisions,  brigades,  regiments,  bat- 
talions and  companies,  and  make  all  other  needful  rules  and 
regulations  in  such  manner  as  they  may  deem  expedient,  not 
incompatible  with  the  Constitution  or  laws  of  the  United 
States,  or  of  the  Constitution  of  this  State,  and  shall  fix  the 
rank  of  all  staff  officers. 


CONSTITUTION    RELATING    TO    ELECTIONS.  23 

ARTICLE  XII. 

STATE    PRINTER. 
§   1.      Election,    Qualifications,    Duties,    Compensation,    Etc. 

Laws  may  be  enacted  providing  for  the  State  printing  and 
binding,  and  for  the  election  or  appointment  of  a  State  Printer, 
who  shall  have  had  not  less  than  ten  years'  experience  in  the 
art  of  printing.  The  State  Printer  shall  receive  such  compen- 
sation as  may  from  time  to  time  be  provided  by  law.  Until 
such  laws  shall  be  enacted  the  State  Printer  shall  be  elected 
and  the  printing  done  as  heretofore  provided  by  this  Con- 
stitution and  the  general  laws. 

NOTE. — The    above    section    was    proposed  by    initiative    petition    filed    in    the 

office  of  the  Secretary  of  State  Feb.   3,    1906,  and  adopted  by  vote  of  the  people 

63,479  for,   and   9,571   against,  June  4,    1906.  It  went  into  effect  upon  proclama- 
tion  of   the   Governor,    June   25,    1906. 

ARTICLE  XV.     . 
MISCELLANEOUS. 
§    1.      Officers   to   Hold   Until   Successors  Elected — Exception. 

All  officers  except  members  of  the  legislative  assembly  shall 
hold  their  offices  until  their  successors  are  elected  and  qualified. 

§   2.      Tenure   of   Office. 

When  the  duration  of  any  office  is  not  provided  for  by  this 
Constitution,  it  may  be  declared  by  law ;  and  if  not  so  declared, 
such  office  shall  be  held  during  the  pleasure  of  the  authority 
making  the  appointment.  But  the  legislative  assembly  shall 
not  create  any  office  the  tenure  of  which  shall  be  longer  than 
four  years. 

§   3.      Oath  of  Officers. 

Every  person  elected  or  appointed  to  any  office  under  this 
Constitution  shall,  before  entering  on  the  duties  thereof,  take 
an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States  and  of  this  State,  and  also  an  oath  of  office. 

ARTICLE  XVII. 

AMENDMENTS. 
§    1.      Amendments   to   Constitution,   How   Made. 

Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  either  branch  of  the  legislative  assembly,  and 


24          CONSTITUTION  AND  STATUTES  RELATING  TO  ELECTIONS. 


if  the  same  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment 
or  amendments  shall,  with  the  yeas  and  nays  thereon,  be 
entered  in  their  journals  and  referred  by  the  Secretary  of 
State  to  the  people  for  their  approval  or  rejection,  at  the  next 
regular  general  election,  except  when  the  legislative  assembly 
shall  order  a  special  election  for  that  purpose.  If  a  majority 
of  the  electors  voting  on  any  such  amendment  shall  vote  in 
favor  thereof,  it  shall  thereby  become  a  part  of  this  Constitu- 
tion. The  votes  for  and  against  such  amendment  or  amend- 
ments, severally,  whether  proposed  by  the  legislative  assembly 
or  by  initiative  petition,  shall  be  canvassed  by  the  Secretary 
of  State  in  the  presence  of  the  Governor,  and  if  it  shall  appear 
to  the  Governor  that  the  majority  of  the  votes  cast  at  said 
election  on  said  amendment  or  amendments,  severally,  are 
cast  in  favor  thereof,  it  shall  be  his  duty  forthwith  after 
such  canvass,  by  his  proclamation,  to  declare  the  said  amend- 
ment or  amendments,  severally,  having  received  said  majority 
of  votes  to  have  been  adopted  by  the  people  of  Oregon  as  part 
of  the  Constitution  thereof,  and  the  same  shall  be  in  effect 
as  a  part  of  the  Constitution  from  the  date  of  such  proclama- 
tion. When  two  or  more  amendments  shall  be  submitted  in 
the  manner  aforesaid  to  the  voters  of  this  State,  at  the  same 
election,  they  shall  be  so  submitted  that  each  amendment  shall 
be  voted  on  'separately.  No  convention  shall  be  called  to 
amend  or  propose  amendments  to  this  Constitution,  or  to 
propose  a  new  Constitution,  unless  the  law  providing  for 
such  convention  shall  first  be  approved  by  the  people  on  a 
referendum  vote  at  a  regular  general  election.  This  article 
shall  not  be  construed  to  impair  the  right  of  the  people  to 
amend  this  Constitution  by  vote  upon  an  initiative  petition 
therefor. 

The  above  section,  which  takes  the  place  of  the  original  sections  1  and  2, 
was  proposed  by  initiative  petition,  filed  in  the  office  of  the  Secretary  of  State, 
February  3,  1906,  and  adopted  by  vote  of  the  people,  47,661  for,  and  18,751 
against.  June  4,  1906.  It  went  into  effect  upon  proclamation  of  the  Governor, 
June  25,  1906. 

STATUTES  RELATING  TO   ELECTIONS. 

OF   THE   TIME   AND    MANNER   OF   HOLDING  ELECTIONS. 
§   3303.      Time  of  Election — Officers  to  Be  Elected. 

A  general  election  shall  be  held  in  the  several  election 
precincts  in  this  State  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1914,  and  biennially  thereafter,  at 
which  there  shall  be  chosen  so  many  of  the  following 
officers  as  are  by  law  to  be  elected  in  such  year,  namely: 
Electors  of  President  and  Vice-President  of  the  United  States, 
United  States  Senator  in  Congress,  Representatives  in  Con- 


STATUTES  RELATING  TO  ELECTIONS.  25 


gress,  Governor,  Secretary  of  State,  State  Treasurer,  Justice 
of  the  Supreme  Court,  Attorney  General,  Superintendent  of 
Public  Instruction,  State  Printer,  State  Engineer,  Dairy  and 
Food  Commissioner,  Commissioner  of  the  Bureau  of  Labor 
Statistics  and  Inspector  of  Factories  and  Workshops,  Com- 
missioners of  the  Railroad  Commission  of  Oregon,  Superin- 
tendents of  Water  Divisions,  Judges  of  Circuit  Courts,  Dis- 
trict and  Prosecuting  Attorneys,  State  Senators,  Representa- 
tives in  the  Legislative  Assembly,  county  judges,  county  sup- 
erintendents of  common  schools,  commissioners  of  county 
courts,  county  clerks,  sheriffs,  county  treasurers,  coroners, 
assessors,  county  surveyors,  justices  of  the  peace  and  con- 
stables, and  such  other  State,  district,  county  and  precinct 
officers  as  are  now  or  may  hereafter  be  provided  for  'by  law. 
[L.  1913,  Chap.  288,  p.  552.] 

§   3304.      Election   Precincts. 

It  shall  be  the  duty  of  the  county  court  in  the  several 
counties  of  the  State,  at  the  regular  December  term  pre- 
ceding the  general  election,  to  set  forth  and  establish  elec- 
tion precincts  within  the  county.  Said  court  may  set  off  and 
establish  within  such  county  as  many  election  precincts  as  may 
be  deemed  necessary  or  convenient,  and  they  shall  be  desig- 
nated by  numbers  or  names;  provided,  that  no  election  pre- 
cinct shall  contain  more  than  300  electors,  as  nearly  as  may  be 
ascertained  by  the  court,  and  shall  particularly  bound  the 
same.  [L.  1913,  Chap.  288,  p.  552.] 

§   33O5.      Election   Judges — Qualifications    and   Duties. 

The  county  court  shall,  at  the  regular  term  in  January 
preceding  a  general  election,  appoint  three  judges  and  three 
clerks  of  election  for  each  election  precinct,  to  serve  for 
the  period  of  two  years,  and  shall  designate  one  judge 
to  be  chairman.  Said  judges  and  clerks  shall  each  be  duly 
qualified  electors  within  the  precinct  for  which  they  are 
appointed,  able  to  read,  write  and  speak  the  English  language, 
not  a  candidate  for  an  elective  office  to  be  voted  for  at  the 
ensuing  election.  No  more  than  two  judges  and  two  clerks 
shall  be  members  of  the  same  political  party.  At  least  10 
days  before  any  election  authorized  by  law  the  county  court 
shall  designate  one  polling  place  in  each  precinct  and  fill  all 
vacancies  that  may  happen  among  said  judges  and  clerks  by 
reason  of  death,  removal  from  the  precinct,  disqualification 
or  excusal  by  the  board  for  good  and  sufficient  cause.  The 
said  judges  and  clerks  shall  meet  at  eight  o'clock  a.  m.  at 
their  respective  polling  places  at  the  times  prescribed  by  law 
for  holding  a  general  or  special  election,  to  act  as  judges  and 


26  STATUTES  RELATING  TO  ELECTIONS. 


clerks  of  such  election  until  relieved  by  the  second  board. 
[L.  1913,  Chap.  288,  p.  553.] 

§   3306.      Additional    Judges    and    Their   Meetings. 

In  all  election  precincts  in  which  were  cast  one  hundred 
and  fifty  (150)  or  more  ballots  at  the  last  general  election, 
or  in  which  the  county  court  believes  that  many  ballots 
will  be  cast  at  the  next  general  election,  the  county  court 
may  likewise,  at  said  January  term,  appoint  a  second  or  addi- 
tional board  consisting  of  three  judges  and  three  clerks  for 
each  precinct,  who  shall  hold  their  offices  for  two  years,  and 
who  shall  possess  the  same  qualifications  and  exercise  the 
same  authority  as  the  first  board  mentioned  in  Section  3305. 
The  judges  and  clerks  constituting  the  second  board,  for  each 
precinct,  shall  meet  at  eight  o'clock  p.  m.  at  their  respective 
polling  places  as  designated  in  the  order  appointing  them,  at 
the  times  prescribed  by  law  for  holding  a  direct  primary 
election,  a  general  or  special  election,  and  at  the  said  hour  of 
eight  o'clock  p.  m.  shall  relieve  and  take  the  place  of  the 
said  first  board,  and  shall  forthwith  proceed  to  count  and  tally 
the  ballots,  in  the  manner  prescribed  by  law.  In  case  the 
count  is  not  completed  by  eight  o'clock  a.  m.  of  the  next  fol- 
lowing day,  the  said  first  board  shall  reconvene  and  relieve 
the  second  board,  and  continue  said  count  until  eight  o'clock 
p.  m.,  when,  if  the  count  is  not  yet  completed,  the  second 
board  shall  reconvene  and  again  relieve  the  first  board,  and 
so,  alternately,  until  said  boards  have  fully  completed  the 
count  and  certified  the  returns.  Judges  and  clerks  constitut- 
ing the  first  board,  before  being  relieved  by  the  second  board 
at  eight  o'clock  p.  m.  of  the  first  day,  shall  certify  and  sign 
the  poll  books  as  required  by  Section  3324.  The  judges  and 
clerks  constituting  the  several  boards  shall  number  the  bal- 
lots and  count  the  tallies  upon  the  tally  sheets,  as  hereinafter 
provided,  and  certify  the  returns,  so  as  to  distinctly  show 
the  work  of  each  board  separately.  [L.  1913,  Chap.  288, 
p.  553.] 

§   3307.      List    of    Judges    to    Be    Posted  —  Remonstrances  —  Election 
Notices. 

Immediately  after  the  appointment  of  said  judges  and 
clerks  at  said  January  term,  as  required  by  Sections  3305 
and  3306,  the  clerk  of  the  county  court  shall  make  a  com- 
plete list,  and  certify  the  same,  showing  the  names  of 
the  judges  and  clerks  so  appointed  for  each  precinct,  and  post 
the  same  in  a  conspicuous  place  in  his  office,  and  keep  the 
same  posted  for  three  months.  All  electors  shall  thereupon  be 
entitled  to  make  and  file  with  the  county  clerk,  without 


STATUTES  RELATING  TO  ELECTIONS. 


27 


charge,  their  objections,  remonstrances  and  suggestions,  in 
respect  to  said  appointments,  with  a  view  to  have  said  appoint- 
ments revised  by  the  court.  At  10  o'clock  a.  m.  on  the  second 
Wednesday  of  the  following  term  of  the  several  county  courts 
is  hereby  designated  as  the  time  at  which  the  county  court 
shall  hear  all  objections,  remonstrances  and  suggestions  from 
electors  in  regard  to  the  said  appointments  of  the  said 
judges  and  clerks,  and  the  court  shall  continue  in  session 
from  day  to  day,  without  permitting  other  business  to  inter- 
fere therewith,  until  all  such  objections,  remonstrances  and 
suggestions  are  heard  and  determined  and  the  decisions  of  the 
court  made  and  announced.  When  said  appointments  have 
been  announced  at  said  following  term  of  the  county  court 
the  county  clerk  shall  forthwith  make  a  complete  and  revised 
list  of  the  judges  and  clerks  so  last  appointed,  and  certify 
the  same,  showing  the  names  of  the  judges  and  clerks  so 
appointed  for  each  precinct,  and  keep  the  same  in  a  con- 
spicuous place  in  his  office  for  two  years  for  public  inspec- 
tion. The  clerk  shall  then  immediately  proceed  and  notify 
each  of  said  appointees,  by  mail,  of  his  appointment  and 
request  his  acceptance  in  writing.  The  clerk  shall  procure  a 
notification  book,  substantially  in  the  following  form,  and 
use  the  same  in  notifying  said  appointees  and  preserving  a 
record  of  the  matter: 

Acceptance  No .  . . 
( Note — Any  judge 
or  clerk  of  election 
who  accepts  this 
appointment,  and 
thereafter  fails  to 
attend  and  per- 
form his  duties  is 
subject  to  fine  and 
imprisonment.) 

I  hereby  accept 
the  appointment 
of  ....  of  election 
for  ....  Precinct, 
....  County,  Ore- 
gon, for  two  years 
from  this  .  .  .  day 
of  .  ,19.. 


Stub  No 

Name    

P.  0.  Address.  . 


Notice  No.  .  . . 

To   

P.  0.  Address .  . 


Clerk,     Judge     or 
Chairman. 

Precinct  No. .  . ,  .  . 
County,  Oregon. 
Date    of    appoint- 
ment: 


You  are  hereby  no- 
tified that  the 
county  court  on 
,  19.  ..,  ap- 
pointed you 
of  Precinct  No.  .  . , 
....  County,  Ore- 
gon, to  serve  for 
two  years. 

Please  sign  and 
return  to  me  your 
acceptance  of  the 
office  upon  a  t  - 
tached  blank. 

(L.  S.)    , 

Clerk  of  the  Coun- 
ty Court  for  .... 
County,  Oregon. 


Appointee. 


28  STATUTES  RELATING  TO  ELECTIONS. 


Immediately  upon  receipt  of  the  acceptance  of  the  appointee 
the  clerk  shall  file  the  same  and  attach  the  acceptance  to  the 
stub.  The  judge  or  clerk  of  election  who  accepts  his  appoint- 
ment and  thereafter  fails  to  attend  promptly  and  perform 
his  duties  as  such  clerk  or  judge  shall  be  deemed  in  con- 
tempt of  the  court,  and  shall  be  summarily  summoned  to 
appear  before  the  court,  and  in  every  case  of  willful  neglect 
to  serve  shall  be  compelled  to  pay  the  costs  of  the  proceeding, 
and  shall  be  fined  and  imprisoned,  not  exceeding  $50  and 
one  month  in  the  county  jail,  in  the  discretion  of  the  county 
judge.  In  case  of  the  neglect  or  omission  of  the  appointee 
to  accept  the  appointment  within  two  weeks  after  being  noti- 
fied, the  court  shall  proceed  to  appoint  some  other  qualified 
person,  pursuing  the  same  open,  public  and  fair  method  as 
in  the  first  instance,  and  likewise  in  the  case  of  vacancies 
happening  during  the  term  of  two  years  by  resignation,  death 
or  removal  from  the  county.  The  Secretary  of  State  shall, 
not  less  than  45  days  before  any  general  election,  and  not  less 
than  20  days  before  any  special  election,  prepare  and  furnish 
to  each  county  clerk  a  statement  showing  the  several  State 
and  district  offices  to  be  filled  in  his  county  at  such  election. 
It  shall  be  the  duty  of  the  county  clerk  30  days  before  any 
general  election,  and  at  least  10  days  before  any  special  elec- 
tion, to  prepare  printed  notices  of  the  election  and  mail  two 
of  said  notices  to  each  judge  and  each  clerk  of  election  in 
each  precinct,  and  it  shall  be  the  duty  of  the  several  judges 
and  clerks  to  immediately  post  said  notices  in  public  places  in 
the  respective  precincts.  Said  notices  shall  be  in  the  following 
form : 

ELECTION  NOTICE. 

Notice  is  hereby  given  that  on  the   ,  19 .  .  .  . ,  at 

the in  the  precinct  of ,  in  the 

county  of ,  Oregon, ,  (insert 

character)  election  will  be  held  for  State,  district,  county, 
precinct  and  other  officers,  namely,  (here  name  the  offices  to 
be  filled)  ;  which  election  will  be  held  at  eight  o'clock  in  the 
morning  and  will  continue  until  eight  o'clock  in  the  afternoon 
of  said  day. 

Dated  this day  of 19 

,  County  Clerk. 

[L.  1913,  Chap.  288,  p.  554.] 


STATUTES  RELATING  TO  ELECTIONS.  29 


§   3308.      Oath  of  Judges   and   Clerks. 

Before  entering  upon  the  discharge  of  their  duties,  the 
said  judges  and  clerks  shall  each  take  and  subscribe  the 
following  oath  in  each  of  the  poll  books,  which  oath  shall  be 
administered  by  any  officer  authorized  to  administer  oaths, 
or  the  chairman,  if  he  be  present,  and  if  not,  then  by  one  of 

the  judges: 

"I,  -  — ,  do  solemnly  swear   (or  affirm)   that  I  will 

perform  the  duties  of  judge  of  election  (or  clerk,  as  the  case  may  be), 
according  to  law;  that  I  will  studiously  endeavor  to  prevent  fraud, 
deceit,  and  abuse  in  conducting  the  election." 

§   3309.      Absent  Judge — Place,   How  Filled. 

In  case  one  or  more  of  such  judges  of  election  shall  not  be 
present  at  the  time  prescribed  by  law,  the  other  judges  and 
the  clerks  of  the  board  who  are  present  shall,  viva  voce,  elect  a 
qualified  person  to  act  as  judge  of  election  until  the  tardy 
appointee  arrives,  and  in  case  he  does  not  arrive  within 
one-half  hour,  to  serve  in  his  stead.  The  person  so  chosen, 
in  addition  to  his  other  qualifications,  shall  be  of  the  same 
political  affiliation  as  the  absent  official.  The  new  appointee 
shall  take  and  subscribe  the  official  oath  before  acting.  The 
compensation  allowed  the  substitute  shall  be  deducted  from 
the  pay  of  the  tardy  official. 

§  3310.      Absent  Clerk's  Place  Filled — Extra  Pens  and  Pencils  Removed. 

In  case  one  or  more  of  said  election  clerks  shall  not  be 
present  at  the  time  prescribed  by  law,  the  judges  of  the 
election  board  shall,  viva  voce,  elect  a  qualified  person  to  act 
as  clerk  of  election  until  the  tardy  appointee  arrives,  and  in 
case  he  does  not  arrive  within  one-half  hour,  to  serve  in  his 
stead.  The  person  so  chosen,  in  addition  to  the  other  quali- 
fications, shall  be  of  the  same  political  affiliation  as  the  absent 
official.  The  new  official  shall  take  and  subscribe  the  official 
oath  before  acting.  The  -compensation  allowed  the  substitute 
shall  be  deducted  from  the  pay  of  the  tardy  official.  While 
the  counting  is  being  conducted,  no  one  of  the  board  shall  be 
allowed  to  have  at  or  in  his  hands  any  pencil  or  pen  of  any 
kind,  except  the  clerks  keeping  the  official  tally  sheets  and 
the  third  judge  engaged  in  numbering  and  signing  his  name 
on  the  back  of  each  ballot  after  it  is  counted  and  handed  to 
him,  and  the  clerks  and  the  third  judge  shall  have  and  use 
only  pen  and  ink.  All  extra  pens  and  all  pencils  shall  be 
removed  from  the  place  where  the  count  is  being  conducted; 
provided,  however,  that  candidates,  or  their  duly  appointed 
agents,  to  such  reasonable  number,  not  more  than  three,  as 
apply  to  the  judges,  shall  be  allowed  to  have  desk  facilities 


30  STATUTES  RELATING  TO  ELECTIONS. 

outside  the  guard  rail,  but  near  enough  to  distinctly  hear 
the  chairman  as  he  reads  aloud  each  ballot,  so  they  may  be 
able  to  keep  a  private  tally  sheet  in  accord  with  the  official 
clerks.  The  chairman  and  the  second  judge,  especially,  shall 
not  have  any  pen  or  pencil  at  hand,  or  in  their  hands,  during 
the  time  of  taking  out,  unfolding,  and  reading  and  counting 
the  several  ballots. 

§   3311.      Opening  and  Closing  Polls — Conduct  of  Election  and  Count. 

All  general,  special  and  presidential  elections  held  in 
this  State  shall  be  conducted  under  the  provisions  of  this 
act,  and  the  polls  shall  be  opened  at  the  hour  of  eight 
o'clock  in  the  forenoon  and  continue  open  until  eight  o'clock 
in  the  afternoon  of  the  same  day,  at  which  time  the  polls 
shall  be  closed.  Prior  to  opening  the  polls  the  chairman  of 
said  judges  of  election  shall  make  public  proclamation  of  the 
same,  and  30  minutes  before  closing  of  the  polls  public  procla- 
mation shall  be  made  by  the  same  officer  that  the  polls  will 
be  closed  in  half  an  hour.  The  judges,  in  their  discretion, 
may  adjourn  the  polls  at  one  o'clock  for  one  hour,  proclama- 
tion of  the  same  being  made,  but  the  judges  and  clerks  shall 
keep  together,  and  at  no  time  shall  more  than  one  of  them 
be  out  of  the  presence  of  the  others.  The  ballot  boxes,  poll- 
books,  ballot  stubs  and  tally  sheets  shall  be  constantly  kept 
together  in  the  presence  and  view  of  at  least  four  of  the  said 
officers,  and  the  candidates  and  persons  duly  appointed,  as 
provided  in  Section  3320,  from  the  opening  of  the  polls  until 
the  count  is  completed  and  the  returns  signed  and  sealed  as 
hereinafter  provided;  and  after  the  count  has  once  begun  it 
shall  continue  until  fully  completed,  without  any  adjournment, 
and  in  the  presence  of  all  judges  and  clerks  and  persons  duly 
authorized  to  be  present.  [L.  1913,  Chap.  288,  p.  556.] 

§   3312.      Certificates   of   Nomination. 

In  all  special  elections  the  certificate  of  nomination  may 
be  filed  at  any  time  between  the  date  of  the  writ  authorizing 
the  election  and  ten  days  previous  to  the  time  of  holding  the 
election,  and  in  all  other  matters  and  proceedings  therein 
the  provisions  of  this  act  shall  apply,  so  far  as  the  same  are 
applicable,  to  such  special  election. 

See  note  to   Section   3303. 
§  3313.      Challenges. 

It  shall  be  the  duty  of  each  judge  or  clerk  of  election,  or 
any  elector  present,  to  challenge  any  person  offering  to  vote 
whom  he  shall  know  or  suspect  not  to  be  qualified  as  an 
elector. 


STATUTES  RELATING  TO  ELECTIONS.  31 


§   3314.      Oath  and  Examination  of  Elector. 

If  a  person  offering  to  vote  is  challenged  as  unqualified  by 
any  one  enumerated  in  Section  3313,  the  chairman  of  the 
said  judges  shall  administer  to  him  the  following  oath  or 
affirmation : 

"You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you  touching  your  place 
of  residence  and  qualifications  as  an  elector  at  this  election." 

The  chairman  shall  then  propound  such  questions  to  the 
person  challenged  as  may  be  necessary  to  test  his  qualifica- 
tions as  an  elector  at  that  election.  The  judges  may  hear 
such  other  testimony  and  consider  such  other  evidence  as  is 
proper  upon  the  question.  If  all  the  judges  can  not  agree, 
the  majority  of  the  judges  shall  decide  the  matter. 

School  elections  are  not  governed  by  the  provisions  of  the  general  election 
laws,  and  if  a  qualified  elector  is  challenged,  the  judge  is  under  no  obligation 
to  determine  his  right  to  vote  as  would  be  required  at  a  general  or  special 
election:  Breeding  v.  Williams,  37  Or.  433,  61  Pac.  858. 

§   3315.      Refusal   to   Answer. 

If  the  person  so  challenged  shall  refuse  to  answer  fully 
any  question  touching  his  qualifications  as  an  elector  which 
shall  be  put  to  him,  the  judges  shall  reject  his  vote. 

§   3316.      Oath    of   Qualification. 

If  the  challenge  be  not  withdrawn  after  the  person  offering 
to  vote  shall  have  answered  the  questions  put  to  him  as  afore- 
said, the  chairman  of  said  judges  shall  administer  to  him  the 
following  oath: 

"You  do  solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  or  have  declared  your  intention  to  become  such,  one 
year  next  preceding  this  election;  that  you  are  of  the  age  of  twenty- 
one  years;  that  you  have  been  a  resident  of  this  State  for  six  months 
next  preceding  this  election;  that  you  now  reside  in  this  precinct; 
that  you  have  not  yet  voted  at  this  election,  and  that  your  true  name 
is  as  you  represent  it  to  be." 

If  the  elector  only  claims  the  right  to  vote  for  State,  or 
district  and  State,  officers,  the  oath  shall  be  modified  accord- 
ingly. 

§   3317.      Record   of   Challenge. 

Whenever  any  person's  right  to  vote  shall  be  challenged, 
and  he  has  taken  the  oath  prescribed  by  Section  3316,  and 
if  it  is  at  a  nominating  election,  then  with  the  addition  of 
the  words  "and  that  I  am  in  good  faith  a  member  of  the 
political  party  with  which  I  am  registered"  it  shall  be  the 


32  STATUTES  RELATING  TO  ELECTIONS. 

duty  of  the  clerks  of  election  to  write  in  the  poll  books  at  the 
end  of  such  person's  name  the  words  "challenged  and  sworn," 
with  the  name  of  the  challenger.  Thereupon  the  chairman  of 
the  board  of  judges  shall  write  upon  the  back  of  the  ballot 
offered  by  such  challenged  voter  the  number  of  his  ballot,  in 
order  that  the  same  may  be  identified  in  any  future  contest  of 
the  results  of  the  election,  and  be  cast  out  if  it  shall  appear 
to  the  court  to  have  been  for  any  reason  wrongfully  or  illegally 
voted  for  any  candidate  or  on  any  question.  And  such  mark- 
ing of  the  name  of  such  challenged  voter,  nor  the  testimony  of 
any  judge  or  clerk  of  election  in  reference  thereto,  or  in  refer- 
ence to  the  manner  in  which  said  challenged  person  voted,  if 
said  testimony  shall  be  given  in  the  course  of  any  contest, 
investigation  or  trial  wherein  the  legality  of  the  vote  of  such 
person  is  questioned  for  any  reason,  shall  not  be  deemed  a 
violation  of  Section  3414. 

§   3318.      Rules  to  Determine  Qualification. 

The  judges  of  election,  in  determining  the  residence  and 
qualifications  of  persons  offering  to  vote,  shall  be  governed 
by  the  following  rules,  so  far  as  the  same  may  be  applicable: 

1.  The  place  shall  be  considered  and  held  to  be  the  resi- 
dence of  a  person  in  which  his  habitation  is  fixed,  and  to 
which,  whenever  he  is  absent,  he  has  the  intention  of  returning. 

2.  A  person  shall  not  be  considered  or  held  to  have  lost  his 
residence  who  shall  leave  his  home  and  go  into  another  State 
or  Territory  or  county  of  this  State  for  a  temporary  purpose 
only. 

3.  A  person  shall  not  be  considered  or  held  to  have  gained 
a  residence  in  any  county  of  this  State  into  which  he  shall 
come  for  temporary  purposes  only,  without  the  intention  of 
making  said  county  his  home,  but  with  the  intention  of  leav- 
ing the  same  when  he  shall  have  accomplished  the  business 
that  brought  him  into  it. 

4.  If  a  person  remove  to  any  other  State,  or  to  any  of  the 
territories,  with  the  intention  of  making  it  his  permanent 
home,  he  shall  be  considered  and  held  to  have  lost  his  resi- 
dence in  this  State. 

5.  The  place  where  a  married  man's  family  reside  shall  be 
considered  and  held  to  be  his  residence. 

6.  The  place  where  an  unmarried  man  sleeps  shall  be  con- 
sidered and  held  to  be  his  residence. 

7.  If  a  person  shall  go  from  this  State  into  any  other  State 
or  Territory  and  there  exercise  the  right  of  suffrage,  he  shall 
be  considered  and  held  to  have  lost  his  residence  in  this  State. 

8.  All  qualified  electors  shall  vote  in  the  election  precinct 
in  the  county  where  they  may  reside  for  county  officers,  and  in 


STATUTES  RELATING  TO  ELECTIONS.  33 


any  county  in  the  State  for  State  officers,  or  in  any  county  of 
a  congressional  district  in  which  such  electors  may  reside  for 
members  of  Congress. 

§   3319.      Ballot  Boxes  to  Be  Opened  Before  Voting  Begins — Keys. 

It  shall  be  the  duty  of  the  judges  of  election  or  the  chair- 
man thereof,  immediately  before  proclamation  is  made  of  the 
opening  of  the  polls,  to  open  the  ballot  boxes  in  the  presence 
of  the  people  there  assembled,  and  turn  the  same  upside 
down  so  as  to  empty  the  said  boxes  of  anything  that  may  be 
in  them,  and  then  lock  said  boxes  securely,  and  they  shall 
not  be  reopened  until  for  the  purpose  of  counting  the  ballots 
therein  at  the  close  of  the  election.  During  the  election  one 
of  the  judges,  other  than  the  chairman,  shall  have  the  custody 
of  the  keys. 

§   3320.      Restrictions   Within   Fifty   Feet   of   Polls. 

In  all  incorporated  cities  and  towns  in  this  State  no  person 
shall  approach  or  stand  within  fifty  feet  of  the  polls  when 
open  for  the  purpose  of  receiving  votes,  except  such  peace 
officers  as  are  particularly  selected  or  appointed  by  the  judges 
to  preserve  order  or  enforce  the  law  within  such  limits,  and 
electors  actually  desiring  and  proceeding  to  vote,  and  but 
ten  electors  shall  be  permitted  to  approach  the  polls  within 
fifty  feet  at  the  same  time;  provided,  however,  that  the  said 
judges  of  election  shall,  if  requested,  permit  one  person  from 
each  political  party,  selected  by  the  party,  to  stand  outside 
of  the  guard  rail  at  the  polls,  while  open  for  receiving  votes, 
for  the  purpose  of  challenging  voters ;  and  the  said  judges  of 
election  shall,  if  requested,  permit  the  respective  candidates, 
or  some  person  selected  by  a  candidate  or  by  several  candi- 
dates, or  by  a  political  party,  to  be  present  in  the  room,  but 
outside  of  the  guard  rail,  where  the  said  judges  are  during  the 
time  of  receiving  and  counting  the  votes.  Such  selection 
shall  be  evidenced  by  a  writing  signed  by  the  chairman  and 
secretary  of  such  political  party,  or  by  the  candidate  or  candi- 
dates, and  presented  to  and  filed  with  the  judges. 

§   3321.      Powers   of  Judges   of  Elections   to  Punish   Offenses. 

For  the  purpose  of  holding  elections  and  preserving  order 
at  the  polls,  the  judges  of  election  are  hereby  appointed  and 
invested  with  the  jurisdiction  and  authority  of  justices  of 
the  peace  during  the  time  of  holding  elections,  and  they,  or 
a  majority  of  them,  are  hereby  authorized  to  impose  and 
enforce  a  fine  not  exceeding  $50  for  each  offense,  to  be  applied 
to  the  benefit  of  the  school  fund,  on  any  person  or  persons  who 

Sig.  2: 


34  STATUTES  RELATING  TO  ELECTIONS. 


shall  conduct  themselves  in  a  disorderly  or  riotous  manner 
at  the  polls,  and  shall  persist  in  such  conduct  after  having 
been  warned  of  the  consequences,  or  who  shall  refuse  to 
move  from  the  polls  fifty  feet  when  directed,  or  on  any  person 
who  shall  be  detected  in  the  commission,  in  the  immediate 
presence  of  the  judges,  of  any  offenses  defined  by  this  act, 
and  on  the  refusal  or  neglect  to  forthwith  pay  the  same  to 
the  chairman  to  commit  him  or  them  to  the  common  jail  of 
the  county  for  any  time  not  exceeding  twenty-five  days,  or 
until  the  fine  is  paid ;  and  the  sheriff,  deputy  sheriff,  constable, 
and  jailor,  and  policeman  of  any  incorporated  city  or  town, 
are  hereby  required  to  forthwith  execute  said  order  as  though 
it  had  been  issued  by  a  magistrate  in  due  form  of  law.  If 
no  sheriff,  deputy  sheriff,  constable,  or  policeman  be  present, 
the  judges  may  appoint  a  special  constable  or  constables  to 
execute  their  orders. 

§   3322.      Compensation   of  Election   Officers. 

There  shall  be  allowed  by  the  county  court  of  each  county 
to  the  several  judges  and  clerks  of  election  $3.00  per  day  while 
holding  elections,  and  to  the  person  carrying  the  poll  book, 
tally  sheet,  ballot  boxes,  and  ballot  stubs  and  other  property 
from  the  place  of  election  to  the  clerk's  office,  the  sum  of  ten 
cents  per  mile  for  going  and  returning,  to  be  paid  out  of  the 
county  treasury ;  and  each  county  court  shall  audit  and  pay  out 
of  the  county  treasury  such  fees  as  the  services  performed  by 
the  county  clerk  and  the  sheriff,  under  this  act  are,  in  the 
judgment  of  the  county  court,  reasonably  worth;  also  such 
other  necessary  expenses  as  are  incurred  by  such  officers  in 
carrying  out  the  provisions  of  this  act. 

§   3324.      Form  of  Poll   Books — Names  of  Electors  to  Be  Certified. 

The  following  shall  be  the  form  of  the  poll  books  to  be 
kept  by  the  judges  and  clerks  of  election  under  this  act: 

POLL  BOOK  OF  THE  ELECTION  HELD  IN         PRECINCT  IN 

THE  COUNTY  OF ON  THE        DAY  OF 

IN  THE  YEAR  19 

State  of  Oregon,  County  of ,  Precinct,  ss. 

We,   and ,   judges  of  said   election,   being  first 

duly  sworn,  severally  say  upon  oath,  I  will  perform  the  duties  of  judge 
of  election  according  to  law,  and  that  I  will  studiously  endeavor  to 
prevent  fraud,  deceit  and  abuse  in  conducting  the  election. 

,   Chairman. 

,  Judge. 

,  Judge. 

Subscribed  and  sworn  to  before  me  this day  of  ,  19 


STATUTES  RELATING  TO  ELECTIONS.  35 


State  of  Oregon,   County   of ,   Precinct,   ss. 

We,    and ,   clerks   of   said   election,    being  first 

duly  sworn,  severally  say  upon  oath,  I  will  perform  the  duties  of  clerk 
of  election  according  to  law,  and  that  I  will  studiously  endeavor  to 
prevent  fraud,  deceit  and  abuse  in  conducting  the  election. 

,   Clerk. 

,  Clerk. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 

A.  B.,  chairman,  C.  D.  and  E.  F.,  the  judges,  and  G.  H.  and  J.  K., 
clerks  of  said  election,  were  respectively  sworn  (or  affirmed)  according 
to  law,  previous  to  their  entering  on  the  duties  of  their  respective  offices. 

NUMBER  AND  NAMES  OP  ELECTOR. 

No.    1.      (Name  of  elector. ) 

No.    2.      (Name  of  elector.) 

No.   3.      (Name  of  elector.) 

We  hereby  certify  that  the  number  of  electors  who  voted  at  the 

above  polling  place  and  election  was  as  follows: 

Voted  for  State,  district,  county,  and  precinct  officers (No.) 

Voted  for  district  and   State  officers) (No.) 

Voted  for  State  officers (No.) 


Total   number   of    ballots   cast (No.) 

,   Chairman. 

,   Judge. 

,  Judge. 

,   Clerk. 

(Who  kept  this  poll  book.) 

(Who  kept  the  other  poll  book.) 

Immediately  after  the  close  of  the  polls  the  names  of  the 
electors  who  voted  shall  be  counted,  and  the  number  written 
and  certified  in  each  of  the  poll  books  at  the  end  of  the  list, 
and  the  same  shall  be  immediately  signed  by  the  chairman  and 
each  of  the  judges  and  clerks  in  the  manner  indicated  above. 

The  official  returns  or  canvass  when  duly  certified  is  prima  facie  evidence 
that  the  result  is  as  declared.  As  against  ballots  not  properly  kept  and  the 
identity  of  which  is  not  shown,  such  official  canvass,  though  secondary  is  the 
better  evidence ;  but  the  official  canvass,  unless  made  so  by  statute,  is  never 
conclusive.  When  it  is  shown,  however,  that  the  ballots  have  not  been  tampered 
with,  they  are  the  best  evidence:  Hartman  v.  Young,  17  Or.  155,  20  Pac.  17, 
11  Am.  St.  Rep.  787,  note. 

§   3325.      Ballots    Read,    Counted,    Tallied,    and    Strung. 

Within  one  hour  after  the  poll  books  are  signed  in  the 
manner  prescribed  in  Section  3324,  if  there  is  but  a  single 
board,  but  if  there  is  a  second  board,  then  the  second  board 
shall  proceed  forthwith  to  read  and  tally  each  ballot.  Only 
one  ballot  shall  be  removed  from  the  ballot  box  at  one  time, 
and  it  must  be  fully  read,  counted,  and  tallied  before  another 
ballot  is  removed  from  the  box.  The  chairman  shall  take  out 
one  ballot  and  shall  immediately  read  and  announce  distinctly 
while  the  ballot  remains  in  his  hands,  and  while  one  of  the 


36  STATUTES  RELATING  TO  ELECTIONS. 

judges,  not  of  the  same  political  party  as  the  chairman,  and 
such  bystanders  as  have  a  right  to  be  present  outside  the 
guard  rail,  overlook  the  ballot;  first,  the  number  correspond- 
ing with  the  printed  name,  and  also  the  surname  of  the  person 
voted  for,  for  each  office;  second,  the  name  of  each  person 
whose  name  has  been  written  in  the  ballot,  and  the  name  of 
the  office  for  which  the  ballot  is  to  count ;  then  deliver  the  bal- 
lot to  the  second  judge,  who  shall  examine  the  same,  and  who 
shall  pass  it  to  the  third  judge,  who  shall  also  examine  the 
same,  and  immediately  fold  it  and  sign  his  name  upon  the 
outer  back  of  the  ballot,  and  number  it  consecutively  in  the 
order  in  which  it  is  counted,  with  pen  and  ink,  and  string  it 
on  a  strong  string  and  carefully  preserve  the  same;  and  the 
same  method  shall  be  pursued  in  respect  to  each  of  the  ballots 
in  the  ballot  box.  The  ends  of  the  string  upon  which  the 
ballots  have  been  strung  shall  then  be  securely  knotted 
together,  united  and  sealed  under  the  official  signatures  and 
seals  of  the  judges  and  clerks  who  counted  it.  The  blank  seals 
of  the  judges  and  clerks  shall  be  supplied  in  the  first  instance 
by  the  Secretary  of  State,  and  by  the  county  clerk  later,  in 
suitable  quantities  along  with  the  other  election  supplies. 
They  shall  be  made  of  paper,  kind,  quality,  etc.,  known  to  the 
trade  as  flat  writing  paper,  white  manila,  sixteen-pound  folio, 
cut  into  sizes  for  each  seal  of  about  five  and  one-half  inches  by 
seven  inches.  On  one  side  they  shall  be  well  coated  over 
the  whole  surface  with  a  good  quality  of  fish  glue.  On  the 
opposite  shall  be  printed  the  following  so  arranged  that  the 
signatures  of  the  judges  and  clerks  of  election  shall  be  in  the 
middle  portion  of  the  seal,  to  wit: 

FORM. 

NOTE. — It  is  a  felony  to  forge  or  alter  this  seal,  or  for  any  person  to  break 
this  seal  contrary  to  law. 

Official  seal  of  the  board  of  judges  and  clerks  of  election  precinct 

No ,   Board  No. 

,   Chairman. 

,  Judge. 

,   Judge. 

,   First  Clerk. 

,   Second  Clerk. 

,   Third  Clerk. 

In  the  county  of...     ....,  Oregon,  held  on  the day  of ,  19 

NOTE. — The  judges  and  clerks  are  not  to  sign  this  seal  until  just  before  using 
tin-  same  and  all  blank  seals  not  used  by  judges  shall  be  destroyed  by  fire  as 
soon  as  the  returns  are  completely  sealed. 


STATUTES  RELATING  TO  ELECTIONS. 


§   3326.      Form  of  Tally  Sheet — Tally,  How  Made  and  Certified. 

The  following  shall  be  the  form  of  the  tally  sheets  kept  by 
the  judges  and  clerks  of  the  election  under  this  act: 

Tally  sheet  of  the  election  held  at precinct,  in  the  county 

of ,  on  the day  of ,  in  the  year  of  19 , 

containing  the  number  and  name  of  each  person  voted  for,  the  par- 
ticular office  each  person  was  voted  for,  the  total  number  of  votes  cast 
for  each  candidate. 

The  tally  or  count,  as  it  is  kept  by  each  of  the  clerks,  shall 
be  audibly  announced  as  it  proceeds,  and  it  shall  be  kept  in 
the  manner  and  form  as  follows: 


No. 

Names  of 
candidates 

°ffi™      "SSJiE?   ?«• 

Tally  r>        No. 

Tally  10 

No. 

Tally  15 

12 

It 

12 

lii 

13 

13 

18 

18 

14 

14 

J4 

14 

The  columns  for  the  numbers  12,  13,  14,  etc.,  shall  not  be 
over  three-eighths  [of  an]  inch  wide.  The  columns  of  the 
tallies  shall  be  three-eighths  [of  an]  inch  wide,  the  lines  shall 
be  three-eighths  [of  an]  inch  apart;  every  ten  lines  the  cap- 
tions of  the  column  shall  be  reprinted  between  double  ruled 
lines  in  bold-faced  small  pica,  and  all  the  figures  shall  be 
printed  in  bold-faced  small  pica.  The  tally  sheets  shall  con- 
clude with  the  following  form  of  certificate: 

We  hereby  certify  that  at  the  above  election  and  polling  places 
each  of  the  foregoing  named  persons  received  the  number  of  votes  set 
opposite  his  name  as  above  set  forth  for  the  office  specified. 

,   Clerk. 

(Who  kept  this  sheet.) 
.,   Chairman. 


,  Judge. 

,  Judge. 

,  Clerk. 

,  Clerk. 

(Who  kept  the  other  sheet.) 


During  the  counting  of  the  ballots  each  clerk  shall,  with 
pen  and  ink,  keep  tally  upon  one  of  the  above  tally  sheets, 
and  shall  total  the  number  of  tallies  and  write  the  total  in  ink, 
immediately  to  the  right  of  the  last  tallies  for  each  candidate, 
and  also  in  the  columns  headed  "total  vote,"  and  shall  prepare 
the  certificate  thereto  above  indicated;  and  immediately  upon 
the  completion  of  the  count  all  the  clerks  shall  sign  the  tally 


38  STATUTES  RELATING  TO  ELECTIONS. 


sheet,  and  each  of  them  shall  certify  which  sheet  was  kept  by 
him;  and  the  chairman  and  the  judges,  being  satisfied  of  the 
correctness  of  the  same,  shall  then  sign  all  three  of  said  tally 
sheets.  The  clerks  shall  then  prepare  a  statement  of  that  por- 
tion of  all  the  tally  sheets  showing  the  number  and  name  of 
each  candidate  and  the  office  and  total  votes  received  by  each  in 
the  precinct,  and  shall  prepare  the  certificate  thereto,  which 
statement  shall  be  signed  by  the  judges  and  clerks  to  complete 
the  count,  and  shall  be  immediately  posted  in  a  conspicuous 
place  on  the  outside  of  said  polls,  there  to  remain  for  ten  days. 
When  two  boards  of  judges  and  clerks  participate  in  the  count- 
ing of  the  ballot,  each  board  shall  keep  and  certify  its  own 
separate  tally  sheets.  When  one  board  is  relieved  by  the  other 
board,  the  retiring  board  shall,  before  adjourning,  total  up 
the  tallies  representing  the  ballots  so  far  counted  for  each 
candidate,  and  a  memorandum  of  the  total  vote  received  by 
each  candidate  shall  be  noted  on  the  tally  sheet  in  ink, 
immediately  above  the  last  tallies  for  each  candidate,  all 
done  in  ink,  but  in  such  a  manner  as  not  to  render  the  tally 
sheet  unfit  for  continuing  the  count  upon  the  reconvening 
of  the  board.  During  the  recess  the  chairman  and  the 
second  judge  of  the  board  shall  each  have  the  custody  of  one 
of  the  tally  sheets,  and  the  third  sheet  shall  be  deposited  in 
the  ballot  box,  all  three  sheets  being  kept  sealed  under  the 
official  seal  of  the  board  until  the  board  reconvenes.  When 
it  is  seen  which  board  will  have  to  complete  the  count,  the 
outgoing  board  shall  complete  the  addition  and  certifications 
upon  its  tally  sheets,  and  deliver  two  sets  of  its  tally  sheets 
to  the  chairman  of  the  board  which  is  to  complete  the  count 
of  the  ballot.  The  third  tally  sheet  shall  be  sealed  under 
the  official  seal  of  the  board,  indorsed  on  the  outside  to 
identify  it,  and  retained  by  the  chairman  of  the  board  which 
made  and  certified  it,  to  be  kept  by  him  safely,  subject  to  the 
control  of  the  proper  court. 


§   3327.      Ballot   Boxes,   Tally   Sheets,   and  Ballots,   Provisions   Con- 
cerning. 

Immediately  after  canvassing  the  votes  in  the  manner 
aforesaid,  the  judges  and  clerks  to  complete  the  count  before 
they  separate  or  adjourn,  shall  inclose  the  poll  books  in 
separate  covers  and  securely  seal  the  same.  They  shall  also 
inclose  the  tally  sheets  in  separate  envelopes  and  seal  the 
same  securely.  They  shall  also  envelope  all  the  ballots  strung 
on  strings,  as  aforesaid,  and  seal  the  same  securely ;  and  they 
shall,  in  writing,  with  pen  and  ink,  specify  the  contents,  and 
address  each  of  said  packages  upon  the  outside  thereof  to 


STATUTES  RELATING  TO  ELECTIONS.  39 


the  county  clerk  of  the  county  in  which  the  election  precinct 
is  situated.  When  two  boards  participate  in  counting  the 
ballots,  each  board,  before  taking  recess,  shall  knot  the  ends 
of  the  string  upon  which  the  ballots  which  it  has  counted 
are  strung,  and  seal  the  knotted  ends  under  the  official  seal 
of  the  board  upon  the  back  of  the  uppermost  ballot.  They 
shall  then  envelope  the  bunch  of  ballots  and  securely  seal 
the  package  under  their  official  seal,  and  leave  the  same  with 
the  ballot  boxes  until  the  count  is  completed.  These  sealed 
packages  of  counted  ballots  shall  be  marked  on  the  outside, 
showing  what  numbers  are  contained  therein,  but  once  sealed 
they  are  not  to  be  opened  by  any  one  until  so  ordered  by  the 
proper  court.  When  the  count  is  completed,  the  ballots, 
counted  and  sealed,  and  enveloped  and  marked  for  identifica- 
tion as  aforesaid,  shall  be  packed  in  the  two  ballot  boxes, 
and  nothing  else  shall  be  put  into  the  boxes.  The  boxes 
shall  then  be  locked,  and  the  official  seal  of  the  board  which 
finally  completed  the  count  shall  be  pasted  over  the  keyhole 
and  over  the  rim  of  the  lid  of  the  box,  so  that  the  box  cannot 
be  opened  without  breaking  the  seal.  Thereafter  neither  the 
county  clerk  nor  the  canvassers  making  abstracts  of  the  votes, 
shall  break  said  seals  upon  the  ballot  boxes,  nor  shall  any  one 
break  the  seals  on  the  boxes  or  the  ballots,  except  upon  the 
order  of  the  proper  court  in  case  of  a  contest,  or  upon  the 
order  of  the  county  court  when  the  boxes  are  needed  for  the 
next  election. 

§   3328.      Custody   of   Tally   Sheets   and   Poll   Books. 

One  complete  set  of  the  tally  sheets  and  the  poll  book  which 
was  kept  by  the  second  clerk,  ballots  and  stubs,  ballot  boxes 
and  remaining  supplies,  shall  be  forthwith  conveyed  by  one 
of  the  judges  or  clerks  of  election,  to  be  agreed  upon  for  that 
purpose  by  the  judges,  to  the  county  clerk  of  the  county.  The 
remaining  complete  set  of  the  tally  sheets  and  poll  book, 
inclosed  in  an  envelope  and  cover,  and  sealed  securely  as 
aforesaid,  addressed  and  indorsed  on  the  outside  so  that  the 
same  can  be  identified,  shall  be  forthwith  deposited  with  one 
of  the  judges,  not  of  the  same  political  party  as  the  judge  or 
clerk  who  conveys  the  duplicates  to  the  county  clerk,  to  be 
kept  by  him  safely,  subject  to  the  control  of  the  proper  court. 
When  two  boards  have  been  engaged  in  counting  the  ballots, 
the  judges  completing 'the  count  shall  attach  the  two  sets  of 
tally  sheets  together,  and  transmit  and  deposit  the  completed 
sets.  The  chairman  of  each  board  shall  keep  the  third  tally 
sheet  of  his  own  board,  sealed  and  indorsed  on  the  outside 
so  that  the  same  can  be  identified,  in  his  possession,  subject 
to  the  control  of  the  proper  court. 


40  STATUTES  RELATING  TO  ELECTIONS. 

§   3329.      Only    White    Ballots    Counted. 

In  the  canvass  of  the  votes  only  white  ballots  furnished 
under  the  provisions  of  this  act  shall  be  counted,  and  any 
ballot  from  which  it  is  impossible  to  determine  the  elector's 
choice  for  any  of  the  offices  shall  be  void  and  shall  not  be 
counted. 

§   3330.      Rejected  Ballots. 

The  judges  shall  carefully  envelope  all  ballots  cast  which 
are  rejected  or  defective  and  not  counted  for  any  office,  and 
seal  the  same  securely  and  address  the  same  to  the  county 
clerk  and  indorse  the  same  so  that  they  may  be  identified, 
and  shall  transmit  the  same  along  with  the  other  ballots  to 
the  county  clerk,  as  aforesaid.  The  chairman  shall  write 
with  pen  and  ink  upon  the  back  of  every  such  ballot,  immedi- 
ately after  the  same  is  discovered,  the  words,  "wholly  defec- 
tive," and  sign  his  initials  thereto. 

§   3331.      Partially   Defective   Ballots. 

Any  ballot  from  which  it  is  impossible  to  determine  the 
elector's  choice  for  a  part  of  the  offices  shall  be  counted  for 
such  part,  but  the  remainder  of  the  ballot  from  which  it  is 
impossible  to  determine  the  elector's  choice  shall  be  void  as 
to  such  defective  part,  and  such  defective  part  shall  not  be 
counted.  The  judges  shall  disregard  misspelling  or  abbrevi- 
ations of  the  names  of  candidates  for  office  if  it  can  be 
ascertained  from  such  ballot  for  whom  it  was  intended.  Every 
such  ballot  not  counted  for  any  party  shall  be  immediately 
indorsed  on  the  back  thereof  with  pen  and  ink  by  the  chair- 
man "Not  counted  for "  (stating  what  office  or  offices), 

who  shall  sign  his  initials  thereto. 

§   3332.      Ballots   in  Wrong  Box. 

In  the  canvass  of  the  votes  all  ballots  found  in  the  box 
marked  "State  and  District,"  which  are  marked  "State,"  as 
provided  in  Section  3406,  shall  be  considered  and  counted  only 
for  such  State  offices  as  are  to  be  filled  at  the  election,  and  all 
ballots  so  marked  "State  and  District,"  as  provided  in  said 
Section  3406  shall  be  considered  and  counted  only  for  such 
State  and  district  offices  as  are  to  be  filled  at  the  election,  and 
the  names  of  persons  thereon  for  other  than  State  and  district 
offices  shall  not  be  considered  or  counted. 


STATUTES  RELATING  TO  ELECTIONS.  41 


OF    THE    NOMINATION    OF    CANDIDATES. 
§   3333.      Nomination  by  Political  Party  or  Elector. 

Any  political  party,  and  any  assembly  of  electors  as  herein- 
after defined,  and  also  individual  electors  to  the  number 
hereinafter  specified,  by  causing  a  certificate  of  nomination 
to  be  duly  prepared  and  filed  in  the  manner  hereinafter 
provided,  may  nominate  one  candidate  for  each  public  office 
to  be  filled  at  the  election,  whose  name  shall  be  placed  upon 
the  ballots  to  be  furnished  as  hereinafter  provided.  A  political 
party  within  the  meaning  of  this  act  is  an  affiliation  of 
electors  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  five  per  cent  of  the 
entire  vote  cast  in  the  State,  county,  precinct,  or  other  electoral 
district  for  which  the  nomination  is  made  for  representative 
in  Congress,  or  which  shall  present  a  petition  with  the  sig- 
natures of  at  least  five  per  cent  of  the  electors  of  that  district, 
stating  their  intention  to  form  a  new  political  party,  giving 
the  designation  thereof.  An  assembly  of  electors-  within  the 
meaning  of  this  act,  is  an  organized  body  of  not  less  than  one 
hundred  electors  of  the  State  or  electoral  division  thereof  for 
which  the  nomination  is  made. 

§    3334.      Certificates   of   Nomination — Verified   by  Affidavit. 

Every  such  certificate  of  nomination  made  by  such  political 
party  or  assembly  may  contain  the  name  of  one  candidate  for 
each  office  to  be  filled  at  the  election.  It  shall  state  such  facts 
concerning  the  party  or  assembly  as  are  required  by  Section 
3333  for  its  acceptance,  and  as  are  required  to  be  stated 
therein  by  Section  3336.  In  conclusion,  it  shall  be  signed  by 
the  presiding  officer  and  secretary  of  the  party  or  assembly 
by  which  it  purports  to  be  made,  and  an  affidavit  shall  be 
made  thereon  by  such  presiding  officer  and  secretary,  and 
subscribed  and  sworn  to  (or  affirmed)  by  them  before  some 
person  authorized  to  adminnster  oaths,  to  the  effect  that  the 
statements  therein  are  true,  and  the  certificate  of  the  oath 
or  affirmation  shall  accompany  the  certificate  of  nomination. 

§   3335.      Percentage  of  Electors  to   Nominate. 

Every  such  certificate  of  nomination  made  by  individual 
electors,  as  aforesaid,  of  a  candidate  for  any  office  to  be 
filled  by  the  electors  of  the  State  at  large,  or  for  members 
of  Congress,  shall  be  signed  by  not  less  than  two  per  cent 
of  the  electors  of  the  State  or  congressional  district;  and  of 
a  candidate  for  an  office  to  be  filled  by  the  electors  of  an 
electoral  district  or  county  of  the  State,  shall  be  signed  by 


42  STATUTES  RELATING  TO  ELECTIONS. 


not  less  than  three  per  cent  of  the  electors  of  such  district 
or  county;  and  of  a  candidate  for  any  office  to  be  filled  by 
the  electors  of  a  precinct  or  for  the  office  of  constable  or 
justice  of  the  peace,  shall  be  signed  by  not  less  than  three 
per  cent  of  the  electors  of  such  precinct  or  justice  -of  the 
peace  district.  For  the  purpose  of  this  section,  the  number 
of  electors  shall  be  determined  by  the  vote  last  cast  for  Gov- 
ernor or  presidential  electors,  as  the  case  may  be.  Each  elector 
signing  a  certificate  of  nomination  shall  add  to  his  signature 
his  place  of  residence,  with  the  street  and  number  thereof, 
if  any,  and  each  elector  shall  be  qualified  to  subscribe  to  only 
one  such  certificate  of  nomination  for  each  office  to  be  filled 
at  the  election.  Except  in  the  case  of  electors  of  President 
and  Vice-President  of  the  United  States,  every  such  cer- 
tificate of  nomination  made  by  individual  electors  shall  con- 
tain the  name  of  only  one  candidate.  At  least  two  of  the 
signers  to  each  such  certificate  of  nomination  made  by  indi- 
vidual electors  shall  swear  (or  affirm)  before  some  person 
authorized  to  administer  oaths  that  the  statement  and  signa- 
tures therein  are  true,  and  that  the  requisite  number  of  sign- 
ers thereto  are  qualified  to  make  such  nomination,  and  the 
certificate  of  such  oath  or  affirmation  shall  be  annexed  to  the 
certificate  of  nomination. 

§   3336.      What   Certificates   of   Nomination   Shall   State. 

All  certificates  of  nomination  shall  state  such  facts  as  are 
required  by  this  act,  and  also — 

1.  The  name  of  the  candidate; 

2.  The  office  for  which  he  is  nominated; 

3.  The  party  or  political  principle  which  he  represents, 
expressed  in  not  more  than  three  words; 

4.  His  place  of  residence,  with  street  and  number  thereof, 
if  any; 

Tn  the  case  of  electors  of  President  and  Vice-President  of 
the  United  States,  the  names  of  the  candidates  for  President 
and  Vice-President  they  represent  may  be  added  to  the  party 
or  political  appellation,  and  the  names  of  all  the  nominees 
for  electors  of  President  and  Vice-President  may  be  upon  the 
same  certificate  of  nomination. 

§   3337.      Qualifications    of    Nominating   Electors. 

No  person  who  is  not  an  elector  shall  be  qualified  to  join  in 
nominating  any  candidate.  No  elector  shall  be  qualified  to 
join  in  a  certificate  of  nomination  made  by  individual  electors 
in  nominating  more  than  one  person  for  each  office  to  be 
filled.  No  person  shall  be  qualified  to  be  a  candidate  for  more 
than  one  office  to  be  filled  at  the  same  election. 


STATUTES  RELATING  TO  ELECTIONS.  43 


3338.      Acceptance  of  Nomination. 

A  certificate  of  nomination  may  be  accompanied  by  the 
acceptance  of  the  nominee,  in  which  case  the  acceptance  shall 
be  indorsed  upon  the  certificate  of  nomination  and  signed  by 
the  nominee,  or  it  may  be  by  a  letter  or  telegram  from  the 
nominee  attached  to  the  certificate  of  nomination  and  filed 
therewith.  If  the  certificate  of  nomination  is  not  thus  accom- 
panied by  the  acceptance  of  the  nominee,  he  may  at  any  time 
after  the  certificate  of  nomination  is  filed  and  before  the  time 
for  filing  nominations  for  such  office  has  expired,  file  his 
acceptance  thereof  in  the  same  manner  in  the  same  office 
where  the  certificate  of  nomination  is  filed.  The  officer  with 
whom  it  is  filed  shall  indorse  the  same  and  attach  it  to  the 
certificate  of  nomination  to  which  it  refers.  Several  different 
certificates  of  nomination  may  thus  be  filed  nominating  the 
same  person  for  the  same  office,  and  the  person  so  nominated 
may  accept  one  or  more  of  said  nominations;  but  unless  such 
nominee  accepts  a  nomination  in  some  one  of  the  ways  and 
within  the  time  aforesaid,  it  shall  not  be  considered  as 
completed. 

§   3339.      Certificates    of    State    Nomination — When    Filed. 

All  certificates  of  nomination  of  candidates  for  the 
office  of  Elector  of  President  and  Vice-President  of  the 
United  States,  United  States  Senator  in  Congress,  Represen- 
tative in  Congress,  Governor,  Secretary  of  State,  State  Treas- 
urer, Justice  of  the  Supreme  Court,  Attorney  General,  Super- 
intendent of  Public  Instruction,  State  Printer,  State  Engi- 
neer, Dairy  and  Food  Commissioner,  Commissioner  of  the 
Bureau  of  Labor  Statistics  and  Inspector  of  Factories  and 
Workshops,  Commissioner  of  the  Railroad  Commission  of 
Oregon,  Superintendent  of  a  Water  Division,  Judge  of  Circuit 
Court,  District  or  Prosecuting  Attorney  or  for  State  Senator 
or  Representative  in  the  Legislative  Assembly,  or  other  office 
to  be  voted  for  in  the  State  at  large  or  in  a  district  composed 
of  one  or  more  counties,  shall  be  filed  with  the  Secretary  of 
State.  If  such  certificate  of  nomination  be  made  by  a  con- 
vention or  assembly  it  shall  be  filed  with  the  Secretary  of 
State  not  more  than  one  hundred  (100)  days  and  not  less  than 
fifty-five  (55)  days  before  the  day  fixed  by  law  for  the  elec- 
tion. If  such  certificate  of  nomination  be  made  by  individual 
electors,  it  shall  be  filed  with  the  Secretary  of  State  not  more 
than  one  hundred  (100)  and  not  less  than  forty  (40)  days 
before  the  day  fixed  by  law  for  the  election.  [L.  1913,  Chap. 
199,  p.  387.]  ; 


44  STATUTES  RELATING  TO  ELECTIONS. 

§   3340.      Certificates    of    District    Nominations,    Not    Congressional — 
AVheii    Filed. 

All  certificates  of  nomination  of  candidates  for  county 
offices  and  district  or  precinct  offices  within  the  county 
shall  be  filed  with  the  county  clerk  of  the  county.  If 
such  certificate  of  nomination  be  made  by  a  political  party  or 
assembly,  it  shall  be  filed  with  such  county  clerk  not  more 
than  one  hundred  (100)  days  and  not  Jess  than  forty  (40) 
days  before  the  day  fixed  by  law  for  the  election.  If  such  cer- 
tificate of  nomination  be  made  by  individual  electors,  it  shall 
be  filed  with  such  county  clerk  not  more  than  one  hundred 
(100)  days  and  not  less  than  twenty-five  (25)  days  before  the 
day  fixed  by  law  for  the  election.  [L.  1913,  Chap.  199,  p.  388.] 

§   3341.      Register    of    Nominations. 

Immediately  after  each  certificate  of  nomination  is  filed, 
the  county  clerk  shall  enter  in  a  book  marked  "Register  of 
Nominations,"  the  date  when  the  certificate  was  filed  with 
him,  the  name  of  each  candidate,  the  office  for  which  he  is 
nominated,  and  the  name  of  the  party  or  convention  or  assem- 
bly making  the  nomination,  together  with  the  names  of  the 
chairman  and  secretary  certifying  the  same;  and  in  case  the 
certificate  of  nomination  is  made  by  individual  electors,  the 
names  of  the  two  signers  who  make  oath  thereto,  and  the  total 
number  of  signatures  thereto.  As  soon  as  the  acceptance  or 
withdrawal  of  the  candidate  is  filed  it  shall  also  be  entered 
upon  said  register. 

§   3342.      Copies   of  Records. 

All  such  certificates  of  nomination,  acceptances,  and  with- 
drawals, as  soon  as  filed,  shall  be  public  records,  and  shall  be 
open  to  public  inspection  under  proper  regulations ;  and  when 
a  copy  of  any  certificate  of  nomination,  acceptance,  or  with- 
drawal is  presented  at  the  time  the  original  is  filed,  or  at  any 
time  thereafter,  and  a  request  is  made  to  have  such  copy 
compared  and  certified,  the  officer  with  whom  such  certificate 
of  nomination  was  filed  shall  forthwith  compare  such  copy 
with  the  original  on  file,  and,  if  necessary,  correct  the  copy 
and  certify  and  deliver  the  copy  to  the  person  who  presented 
it.  All  certificates  of  nomination,  acceptances,  withdrawals, 
poll  books,  tally  sheets,  ballots,  and  ballot  stubs  shall  be  pre- 
served as  other  records  are,  for  two  years  after  the  election  to 
which  they  pertain,  at  which  time,  unless  otherwise  ordered  or 
restrained  by  some  court,  the  county  clerk  shall  destroy  the 
ballots  and  ballot  stubs  by  fire,  without  any  one  inspecting  the 
same. 


STATUTES  RELATING  TO  ELECTIONS.  45 

§   3343.      Withdrawing    Nomination. 

Any  person  who  has  been  nominated  and  accepted  some 
nomination,  as  provided  in  this  act,  may  cause  his  name  to  be 
withdrawn  from  nomination  at  any  time  prior  to  the  election, 
by  a  writing  declining  the  nomination,  stating  the  reason, 
signed  and  acknowledged  by  him  before  some  officer  author- 
ized by  the  laws  of  this  State  to  take  acknowledgments  of 
deeds,  and  certified  by  such  officer,  and  by  filing  the  same  with 
the  Secretary  of  State  or  the  county  clerk  or  clerks  with  whom 
the  certificate  nominating  him  as  a  candidate  was  filed.  Such 
withdrawal  may  be  sent  by  telegram  to  the  Secretary  of  State 
through  a  county  clerk,  as  provided  by  Section  3346,  in  case 
of  certificates  of  nomination. 

§   3344.      Notice   of   Death   or   Withdrawal. 

If  any  person  nominated  as  herein  provided  dies  or  with- 
draws before  the  day  fixed  by  law  for  the  election,  and  the 
fact  of  the  death  becomes  known  to  the  satisfaction  of  the 
officer,  the  Secretary  of  State  or  county  clerk  or  clerks  in 
whose  office  the  certificate  of  nomination  nominating  such 
person  was  filed,  shall  forthwith  give  notice  by  posting  a 
certificate  of  the  fact  in  a  conspicuous  place  in  his  office.  In 
every  such  case  the  name  of  the  candidate  who  has  died  or 
withdrawn  shall  not  be  printed  upon  the  ballots,  and  if  already 
printed,  shall  be  erased  or  canceled  before  the  ballots  are 
delivered  to  the  electors. 

8   3345.      Nomination  to  Pill  Vacancy. 

If  the  original  nomination  thus  vacated  was  made  by  a 
political  party  or  assembly,  and  [such]  party  or  assembly  can 
reconvene,  it  may  fill  the  vacancy  before  the  day  fixed  by  law 
for  the  election.  If  the  party  or  assembly  has  delegated  to  a 
committee  the  power  to  fill  such  vacancies,  such  committee 
may  likewise  fill  the  same.  In  every  case  where  the  original 
candidate  dies  or  withdraws,  as  many  certificates  of  nomina- 
tion made  by  electors  to  fill  the  same  office  shall  be  filed  as  are 
duly  presented  to  the  proper  officer  before  the  day  fixed  by  law 
for  the  election.  The  certificate  to  fill  such  vacancy  shall 
substantially  conform  with  the  requirements  for  an  original 
certificate  of  nomination,  and  shall  be  filed  with  the  same 
officer  the  original  certificate  was  filed  with. 

§   3346.      Certificate  to   Fill  Vacancy — How  Filed. 

When  such  original  certificate  of  nomination  thus  vacated 
was  filed  with  the  Secretary  of  State,  the  certificate  to  fill  the 
vacancy  thus  occasioned  shall  be  filed  with  him,  and  it  may  be 


46  STATUTES  RELATING  TO  ELECTIONS. 

— __ _„ — . -  — 

filed  directly  with  the  Secretary  of  State  or  in  the  following 
manner:  It  may  be  presented  in  duplicate  to  any  county 
clerk,  who  shall  file  one  of  the  certificates  in  his  office,  and 
upon  being  tendered  the  cost  of  transmitting  the  same,  it 
shall  be  the  duty  of  such  county  clerk  to  forthwith  cause  the 
certificate  of  nomination  to  be  telegraphed  to  the  Secretary 
of  State  and  repeated  back,  and  he  shall  also  forthwith  mail 
the  duplicate  thereof  by  registered  letter  to  the  Secretary  of 
State.  The  Secretary  of  State  shall  file  said  telegraph  copy 
of  the  certificate  the  same  as  if  it  was  the  original,  and  he 
shall  also  file  the  duplicate  when  the  same  arrives  by  mail. 
The  Secretary  of  State  shall,  in  certifying  the  nomination  to 
the  several  county  clerks,  omit  the  name  or  names  of  all  such 
candidates  filed  with  him  who  die  or  withdraw,  as  aforesaid, 
and  instead  thereof  he  shall  certify  the  name  or  names  of 
the  persons  who  have  thus  been  nominated  to  fill  such  vacancy. 
In  the  event  that  he  has  already  sent  forth  his  certificate, 
he  shall  forthwith  certify  to  each  county  clerk  by  telegraph 
if  necessary,  the  name  and  residence  of  each  person  so  nom- 
inated to  fill  such  vacancy,  the  office  he  is  nominated  for,  the 
party  or  principle  he  represents,  and  the  name  of  the  person 
for  whom  such  nominee  or  nominees  are  substituted.  Every 
county  clerk  shall  proceed  thereafter  in  conformity  with  said 
later  certification. 


§   3347.      Arrangement    and    Notice    of    Nominations. 

Not  more  than  forty  (40)  days  and  not  less  than 
thirty-five  (35)  days  before  the  day  fixed  by  law  for  the 
election  the  Secretary  of  State  shall  arrange,  in  the  manner 
provided  in  this  act  for  the  arrangement  of  the  names  and 
other  information  upon  the  ballots,  all  the  names  and  other 
information  concerning  all  the  candidates  contained  in  the 
certificates  of  nomination  which  have  been  filed  with  him, 
and  accepted  by  the  nominees,  in  accordance  with  the  provis- 
ions of  this  act,  and  he  shall  forthwith  certify  the  same  under 
the  seal  of  the  State  and  file  the  same  in  his  office,  and  make 
and  transmit  a  duplicate  thereof  by  registered  letter  to  the 
county  clerk  of  each  county  in  the  State;  and  he  shall  also 
post  a  duplicate  thereof  in  a  conspicuous  place  in  his  office 
and  keep  the  same  posted  until  after  said  election  has  taken 
place.  [L.  1913,  Chap.  199,  p.  388.] 

§   3348.      Arrangement   of   Ballots   and   Notice. 

Not  more  than  twenty-five  (25)  days  and  not  less 
than  twenty-two  (22)  days  before  the  day  fixed  by  law 
for  the  election,  the  county  clerk  of  each  county  shall  arrange 


STATUTES  RELATING  TO  ELECTIONS.  47 

in  the  manner  provided  by  this  act  for  the  arrangement  of  the 
names  and  other  information  upon  the  ballot,  all  the 
names  and  other  information  concerning  all  the  candidates 
contained  in  the  certificates  of  nomination  which  have  been 
filed  with  him  and  accepted  by  the  nominees,  and  which  have 
been  certified  to  him  by  the  Secretary  of  State  in  accordance 
with  the  provisions  of  this  act,  and  he  shall  forthwith  certify 
the  same  under  the  seal  of  the  county  court  and  file  the  same 
in  his  office,  and  make  and  post  a  duplicate  thereof  in  a  con- 
spicuous place  in  his  office  and  keep  the  same  posted  until 
after  the  election  has  taken  place ;  and  he  shall  forthwith  pro- 
ceed and  cause  to  be  printed,  according  to  law,  the  colored  or 
sample  ballots  and  the  white  ballots  required  by  this  act. 
[L.  1913,  Chap.  199,  p.  358.] 


DIRECT    PRIMARY    NOMINATING    ELECTIONS. 
§   3349.      Rules   of   Construction. 

The  provisions  of  this  law  shall  at  all  times  be  construed  in 
such  manner  as  shall  make  it  operate  as  nearly  as  possible  in 
accordance  with  the  foregoing  statement  of  the  theory  on 
which  it  is  based.  Whenever  the  provisions  of  this  law  in 
operation  prove  to  be  of  doubtful  or  uncertain  meaning,  or 
not  sufficiently  explicit  in  directions  and  details,  the  general 
laws  of  Oregon,  and  especially  the  election  and  registration 
laws,  and  the  customs,  practice,  usage,  and  forms  thereunder, 
in  the  same  circumstances  or  under  like  conditions,  shall  be 
followed  in  the  construction  and  operation  of  this  law,  to  the 
end  that  the  protection  of  the  spirit  and  intention  of  said 
laws  shall  be  extended  so  far  as  possible  to  all  primary  elec- 
tions, and  especially  to  all  primary  nominating  elections  pro- 
vided for  by  this  law. 

§    1.      Primary  Elections   to  Be  Held  on  Third  Friday  in  May. 

On  the  third  Friday  in  May,  of  the  year  1914,  and  biennially 
thereafter,  there  shall  be  held  in  the  several  election  precincts 
of  the  State  of  Oregon,  a  general  primary  nominating  election 
at  which  shall  be  nominated  such  State,  district,  county  and 
precinct  officers  as  are  to  be  elected  at  the  general  election 
of  that  year.  [L.  1913,  Chap.  208,  p.  399.] 

§   2.      Acts    Heretofore    Fixing   Different   Time    Repealed. 

All  acts  and  parts  of  acts  in  conflict  herewith  be,  and  the 
same  are  hereby  repealed;  provided,  however,  that  nothing 


48  STATUTES  RELATING  TO  ELECTIONS. 


herein  shall  be  construed  as  repealing  any  of  the  provisions 
of  Chapter  5  of  the  General  Laws  of  Oregon  for  the  year  1911, 
relative  to  the  selection  of  candidates  for  President  and  Vice- 
President  of  the  United  States,  delegates  to  the  national  party 
conventions  and  Presidential  electors,  except  that  such  candi- 
dates shall  be  selected  on  the  day  indicated  in  Section  1  of 
this  act.  [L.  1913,  Chap.  208,  p.  399.] 

§   3350.      When   Primary    Elections    to    Be   Held.      (Date   Repealed    by 
Last   Two    Sections.) 

On  the  forty-fifth  day  preceding  any  election  (except  special 
elections  to  fill  vacancies,  Presidential  elections,  municipal 
elections  in  towns  or  cities  having  a  population  of  less  than 
two  thousand,  and  school  elections)  at  which  public  officers 
in  this  State  and  in  any  district  or  county,  and  in  any  city 
having  a  population  of  two  thousand  or  more  at  which  public 
officers  are  to  be  elected,  except  as  provided  in  Section  3354, 
as  to  time  in  certain  cities  and  towns,  a  primary  nominat- 
ing election  shall  be  held  in  accordance  with  this  law  in 
the  several  election  precincts  comprised  within  the  territory 
for  which  such  officers  are  to  be  elected  at  the  ensuing  election, 
which  shall  be  known  as  the  primary  nominating  election,  for 
the  purpose  of  choosing  candidates  by  the  political  parties, 
subject  to  the  provisions  of  this  law,  for  Senator  in  Congress 
and  all  other  elective  State,  district,  county,  precinct,  city, 
ward  and  all  other  officers,  and  delegates  to  any  constitutional 
convention  or  conventions  that  may  hereafter  be  called,  who 
are  to  be  chosen  at  the  ensuing  election  wholly  by  electors 
within  this  State  or  any  subdivision  of  this  State,  and  also 
for  choosing  and  electing  the  county  central  committeemen 
by  the  several  parties  subject  to  the  provisions  of  this  law. 
Provided: 

(a)  In  the  years  when  a  President  and  Vice-President  of 
the  United  States  are  to  be  elected,  said  primary  nominating 
election  shall  be  held  on  the  forty-fifth  day  before  the  first 
Monday  in  June  of  said  year;  and  all  laws  pertaining  to  the 
nomination  of  candidates,  registration  of  voters  and  all  other 
things  incident  and  pertaining  to  the  holding  of  the  regular 
biennial  nominating  election,  shall  be  enforced  and  effected 
the  same  number  of  days  before  the  first  Monday  in  June 
that  they  were  under  the  said  nominating  election  law  immedi- 
ately before  the  change  in  the  date  of  the  regular  election  from 
the  first  Monday  in  June  to  the  first  Tuesday  after  the  first 
Monday  in  November. 

(b)  When  candidates  for  the  offices  of  President  and  Vice- 
President  of  the  United  States  are  to  be  nominated,  every 


STATUTES  RELATING  TO  ELECTIONS.  49 


qualified  elector  of  a  political  party  subject  to  this  law  shall 
have  opportunity  to  vote  his  preference,  on  his  party  nominat- 
ing ballot,  for  his  choice  for  one  person  to  be  the  candidate 
of  his  political  party  for  President,  and  one  person  to  be  the 
candidate  of  his  political  party  for  Vice-President  of  the  United 
States,  either  by  writing  the  names  of  such  persons  in  blank 
spaces  to  be  left  on  said  ballot  for  that  purpose,  or  by  marking 
with  a  cross  before  the  printed  names  of  the  persons  of  his 
choice,  as  in  the  case  of  other  nominations.  The  names  of  any 
persons  shall  be  so  printed  on  said  ballots  solely  on  the  petition 
of  their  political  supporters  in  Oregon,  without  such  persons 
themselves  signing  any  petition,  signature  or  acceptance.  The 
names  of  persons  in  such  political  party  who  shall  be  presented 
by  petition  of  their  supporters  for  nomination  to  be  party  can- 
didates for  the  office  of  President  or  Vice-President  of  the 
United  States,  shall  be  printed  on  the  nominating  official  ballot, 
and  the  ballots  shall  be  marked,  and  the  votes  shall  be  counted, 
canvassed  and  returned  in  like  manner  and  under  the  same 
conditions  as  to  names,  petitions  and  other  matters,  as  far 
as  the  same  are  applicable,  as  the  names  and  petitions  of  aspir- 
ants for  the  party  nominations  for  the  office  of  Governor  and 
for  United  States  Senator  in  Congress  are  or  may  be  by  law 
required  to  be  marked,  filed,  counted,  canvassed,  and 
returned. 

(c)  The  members  of  the  political  parties  subject  to  this 
law  shall  elect  their  party  delegates  to  their  national  conven- 
tions for  the  nomination  of  their  party  candidates  for  Presi- 
dent and  Vice-President  of  the  United  States,  and  shall  nom- 
inate candidates  for  their  party  Presidential  electors  at  such 
nominating  election.  The  Governor  shall  grant  a  certificate 
of  election  to  each  of  the  delegates  so  elected,  which  certificates 
shall  show  the  number  of  votes  received  in  the  State  by  each 
person  of  such  delegate's  political  party  for  nomination  as  its 
candidate  for  President  and  for  Vice-President.  Nominating 
petitions  for  the  office  of  delegate  to  the  respective  party 
national  conventions,  to  be  chosen  and  elected  at  said  nom- 
inating election,  shall  be  sufficient  if  they  contain  a  number 
of  signatures  of  the  members  of  the  party  equal  to  one  per 
cent  of  the  party  vote  in  the  State  at  the  last  preceding 
election  for  Representative  in  Congress;  provided,  that  not 
more  than  500  signatures  shall  be  required  on  any  such 
petition.  Every  qualified  voter  shall  have  the  right  at  such 
nominating  election  to  vote  for  the  election  of  one  person 
and  no  more  to  the  office  of  national  delegate  for  his  party, 
and  to  vote  for  the  nomination  of  one  aspirant  and  no  more 
for  the  office  of  Presidential  elector  as  the  candidate  of  his 
party.  A  number  of  such  candidates  equal  to  the  number 


50  STATUTES  RELATING  TO  ELECTIONS. 


of  delegates  to  be  elected  by  each  party  which  is  subject  to 
the  provisions  of  this  law,  receiving,  respectively,  each  for 
himself,  the  highest  number  of  votes  for  such  office,  shall  be 
thereby  elected.  Every  political  party  subject  to  the  pro- 
visions of  this  law  shall  be  entitled  to  nominate,  at  said 
nominating  election,  as  many  candidates  for  the  office  of 
Presidential  elector  as  there  are  such  officers  to  be  elected; 
that  number  of  aspirants  in  every  such  party  who  shall 
receive,  respectively,  each  for  himself  the  highest  number  of 
votes  of  his  party  for  that  nomination,  shall  be  thereby  nom- 
inated as  a  candidate  of  his  political  party  for  the  office  of 
Presidential  elector. 

(d)  Every  delegate  to  a  national  convention  of  a  political 
party  recognized  as  such  organization  by  the  laws  of  Oregon, 
shall  receive  from  the  State  treasury  the  amount  of  his  travel- 
ing expenses  necessarily  spent  in  actual  attendance  upon  said 
convention,  as  his  account  may  be  audited  and  allowed  by  the 
Secretary  of  State,  but  in  no  case  to  exceed  $200  for  each 
delegate;  provided,  that  such  expenses  shall  never  be  paid  to 
any  greater  number  of  delegates  of  any  political  party  than 
would  be  allowed  such  party  under  the  plan  by  which  the 
number  of  delegates  to  the  Republican  national  convention 
was  fixed  for  the  Republican  party  of  Oregon  in  the  year 
1908.  The  election  of  such  national  delegates  for  political 
parties  not  subject  to  the  direct  primary  nominating  elections 
law  shall  be  certified  in  like  manner  as  nominations  of  candi- 
dates of  such  political  parties  for  elective  public  offices.  Every 
such  delegate  to  a  national  convention  to  nominate  candidates 
for  President  and  Vice-President,  shall  subscribe  an  oath  of 
office  that  he  will  uphold  the  Constitution  and  laws  of  the 
United  States  and  of  the  State  of  Oregon,  and  that  he  will, 
as  such  officer  and  delegate,  to  the  best  of  his  judgment  and 
ability,  faithfully  carry  out  the  wishes  of  his  political  party 
as  expressed  by  its  voters  at  the  time  of  his  election.  [L.  1911, 
Chap.  5.] 

8   3351.      Election  Precincts  and  Boards. 

The  election  precincts  provided  by  Section  3304,  and 
the  judges  and  clerks  and  the  polling  places  provided  by 
Section  3305,  shall  be  the  same  for  the  primary  nominating 
elections  provided  for  in  this  law,  and  it  shall  be  the  duty  of 
the  judges  and  clerks  so  provided  for  to  act  as  such  at  all  pri- 
mary nominating  elections  herein  provided  for,  except  as 
otherwise  provided  by  Section  3354.  In  all  election  precincts 
in  which  second  boards  of  judges  and  clerks  have  been  or  may 
be  appointed  as  required  by  Section  3306,  and  in  which  an 
aggregate  of  more  than  100  members  of  all  or  any  of  the 


STATUTES  RELATING  TO  ELECTIONS.  51 


political  parties  subject  to  the  provisions  of  this  law  are  reg- 
istered as  such  before  the  day  of  the  primary  nominating 
election,  the  said  second  board  of  judges  and  clerks  shall  meet 
at  eight  o'clock  p.  m.  at  their  respective  polling  places,  and 
thereafter  the  boards  of  judges  and  clerks  shall  proceed  at  the 
primary  nominating  election  as  required  by  said  Section  3306 
at  a  general  election.  [L.  1913,  Chap.  198,  p.  386.] 

§   3352.      Notices  of  Primary  Elections. 

It  shall  be  the  duty  of  the  Secretary  of  State  not  less 
than  45  days  before  any  primary  nominating  election  to 
perpare  and  furnish  to  each  county  clerk  a  statement  show- 
ing the  several  State  and  district  offices  for  which  candidates 
are  to  be  chosen  in  his  county  at  such  election  by  the  political 
parties  subject  to  this  law,  including  delegates  to  any  consti- 
tutional convention  then  called  and  delegates  to  the  party 
national  conventions,  if  any  there  be.  The  county  clerk  shall 
not  less  than  30  days  before  any  primary  nominating  election 
prepare  printed  notices  of  such  election  and  mail  two  of  said 
notices  to  each  judge  and  clerk  of  election  in  each  precinct; 
and  it  shall  be  the  duty  of  the  several  judges  and  clerks  imme- 
diately to  post  said  notices  in  public  places  in  their  respective 
precincts.  Said  notices  shall  be  substantially  in  the  following 
forms : 

PRIMARY  NOMINATING  ELECTION  NOTICE. 

Notice  is  hereby  given  that  on  .  .  .  . ,  the  ....  day  of  .  .  .  . , 
19.  .,  at  the  .  .  .  .,  in  the  precinct  of  .  .  .  .,  in  the  county  of 
.  .  .  . ,  Oregon,  a  primary  nominating  election  will  be  held  at 
which  the  (insert  names  of  political  parties  subject  to  this 
law)  will  choose  their  candidates  for  State,  district,  county, 
precinct  and  other  offices,  namely  (here  name  the  offices  to 
be  filled,  including  a  Senator  in  congress  when  the  next  Leg- 
islative Assembly  is  to  elect  a  Senator,  delegates  to  any  con- 
stitutional convention  then  called,  and  candidates  for  county 
central  committeemen  to  be  elected)  ;  which  election  will  be 
held  at  eight  o'clock  in  the  forenoon  and  will  continue  until 
eight  o'clock  in  the  afternoon  of  said  day. 

Dated  this day  of ,  19 ... 


County  Clerk. 
[L.  1913,  Chap.  198,  p.  386.] 

§   3353.      Sections   Applicable   To. 

The  provisions  of  Sections  3306,  3308,  3309,  3310,  3311, 
3313,  3314,  3315,  3316,  3317,  3318,  3319,  3320,  3321, 
3322,  3323,  3324,  3325,  3326,  3327,  3328,  3329,  3330, 


52  STATUTES  RELATING  TO  ELECTIONS. 

3331,  and  3332  shall  apply  to  and  are  hereby  made  applicable 
to  primary  nominating  elections  under  the  provisions  of  this 
law,  except  in  so  far  as  they  may  be  modified  herein  or  be  in 
conflict  herewith,  and  each  poll  book  at  the  primary  nominat- 
ing election  shall  have  a  column  headed  with  the  name  of  each 
party  so  making  its  nominations,  for  writing  in  the  voters 
party  number  as  he  receives  his  ballot,  in  addition  to  his 
general  number;  and  provided,  that  for  the  purposes  of  the 
primary  nominating  elections,  there  shall  be  added  to  the 
form  of  oath  prescribed  by  said  Section  3316,  the  words: 
"And  that  you  are  in  good  faith  a  member  of  the  political 
party  with  which  you  are  registered."  [L.  1911,  Chap.  263.] 

§   3354.      Nominating;   Elections    for   Municipal   Offices — Procedure. 

The  nomination  of  candidates  for  municipal  offices  by  the 
political  parties  subject  to  the  provisions  of  this  law,  shall 
be  governed  by  this  law  in  all  incorporated  towns  and  cities 
of  this  State  having  a  population  of  2,000  and  upward,  as 
shown  by  the  last  preceding  national  or  State  census.  All 
petitions  by  the  members  of  such  political  parties  for  placing 
the  names  of  candidates  for  nomination  for  such  municipal 
offices  on  th^  primary  nominating  ballots  of  the  several 
political  parties  shall  be  filed  with  the  city  clerk,  recorder, 
or  auditor,  as  the  case  may  be,  of  said  several  towns  and 
cities,  and  it  shall  be  the  duty  of  such  officers  to  prepare 
and  issue  notices  of  election  for  such  primary  nominating 
elections  in  like  manner  as  the  several  county  clerks  perform 
similar  duties  for  nominations  by  such  political  parties  for 
county  offices  at  primary  nominating  elections;  and  in  such 
towns  or  cities  holding  their  municipal  elections  at  the  same 
time  as  any  general  election,  it  shall  be  the  duty  of  said  city 
clerk,  recorder,  or  auditor,  as  the  case  may  be,  on  the  fifteenth 
day  before  the  time  of  holding  such  primary  nominating 
election,  to  prepare  and  certify  and  deliver  to  the  county  clerk 
of  the  county  in  which  said  city  or  town  is  situated,  a  list  of 
the  candidates  for  nomination  who  have  filed  valid  petitions 
for  nomination  at  such  primary  nominating  election,  and  all 
the  information  in  such  petitions  concerning  the  said  candi- 
dates for  nomination  for  municipal  offices ;  whereupon  it  shall 
be  the  duty  of  said  county  clerk  to  arrange  in  the  manner 
provided  by  this  law  the  names  and  information  concerning 
all  the  candidates  for  such  nomination  for  city  offices  con- 
tained in  the  certificate  of  said  city  clerk,  recorder,  or  auditor ; 
to  certify  and  post  the  same  in  his  office,  and  to  cause  the 
same  to  be  printed  upon  the  sample  ballots  and  upon  the 
official  ballots  of  the  several  political  parties  to  be  used  at 
the  several  polling  places  within  the  limits  of  every  such  city 


STATUTES  RELATING  TO  ELECTIONS.  53 


or  town,  together  with  the  names  of  the  candidates  for  State, 
county,  and  district  offices  at  such  primary  nominating  elec- 
tion as  required  by  this  law,  and  conform  to  the  general 
provisions  of  this  law  as  nearly  as  may  be;  and  in  cities  and 
towns  containing  a  population  of  2,000  and  upward  not  hold- 
ing their  municipal  elections  at  the  same  time  the  general 
elections  are  held,  the  duties  imposed  by  this  law  on  the 
county  clerk  at  primary  nominating  elections  are  hereby,  as 
to  all  said  last  described  towns  and  cities,  designated  to  be 
the  duties  of  the  city  clerk,  recorder,  or  auditor,  as  the  case 
may  be,  of  said  towns  and  cities  as  to  primary  nominating 
elections  of  the  political  parties  subject  to  the  provisions  of 
this  law;  provided,  that  in  such  last  named  cities  and  towns 
the  primary  nominating  election  shall  be  held  on  the  thirtieth 
day  preceding  their  municipal  elections.  Under  the  provisions 
of  this  law  the  lawfully  constituted  legislative  and  executive 
authorities  of  cities  and  towns  within  the  provisions  of  this 
section  not  holding  their  municipal  elections  at  the  same  time 
the  general  elections  are  held,  shall  have  such  power  and 
authority  over  the  establishment  of  municipal  voting  precincts 
and  wards,  municipal  boards  of  judges  and  clerks  of  election 
and  other  officers  of  their  said  municipal  elections,  and  other 
matters  pertaining  to  municipal  primary  nominating  elections 
required  for  such  cities  and  towns  by  this  law,  that  such  legis- 
lative and  executive  authorities  have  over  the  same  matters 
at  their  municipal  elections  for  choosing  the  public  officers 
of  said  cities  and  towns ;  and  provided  further,  that  nothing  in 
this  act  contained  shall  be  construed  as  altering  or  repeal- 
ing any  provision  of  the  charter  of  any  such  last  described 
city  or  town  providing  for  the  appointment  of  judges  and 
clerks  of  election  by  the  council  or  other  lawfully  constituted 
authority  of  such  city  or  town,  or  as  altering  or  reuealing 
any  of  the  provisions  of  Title  XXVI,  providing  for  the 
appointment  of  judges  and  clerks  of  election  in  towns  and 
cities  organized  under  the  provisions  of  said  Title  XXVI. 

§   3355.      Proceedings  at  Close  of  Election — Count. 

Immediately  after  the  closing  of  the  polls  at  a  primary 
nominating  election  the  names  of  the  electors  of  each  political 
party  who  voted  at  said  primary  nominating  election  shall  be 
counted,  and  the  number  so  voting  for  each  political  party 
written  and  certified  in  each  of  the  poll  books  at  the  end  of 
the  list,  and  the  same  shall  be  immediately  signed  by  the 
chairman  and  each  of  the  judges  and  clerks  in  the  manner 
provided  by  Section  3324  for  a  general  election,  and  immedi- 
ately thereafter  the  clerks  and  judges  of  election  shall  open 


54  STATUTES  RELATING  TO  ELECTIONS. 

the  ballot  boxes  at  each  polling  place  and  proceed  to  take 
therefrom  the  ballots.  Said  officers  shall  count  the  number  of 
ballots  cast  by  each  political  party,  at  the  same  time  bunching 
the  tickets  cast  for  each  political  party  together  in  separate 
piles,  and  shall  then  fasten  each  pile  separately  by  means  of 
a  brass  clip,  or  may  use  any  means  which  shall  effectually 
fasten  each  pile  together  at  the  top  of  each  ticket.  As  soon 
as  the  clerks  and  judges  have  sorted  and  fastened  together 
the  ballots  separately  for  each  political  party,  then  they  shall 
take  the  tally  sheets  provided  by  the  county  clerk  and  shall 
count  all  the  ballots  for  each  political  party  separately  until 
the  count  is  completed,  and  shall  certify  to  the  number  of 
votes  for  each  candidate  for  nomination  for  each  office  upon 
the  ticket  of  each  party.  They  shall  then  place  the  counted 
ballots  in  the  box.  After  all  have  been  counted  and  certified 
to  by  the  clerks  and  judges  they  shall  seal  the  returns  for 
each  of  said  political  parties  in  separate  envelopes,  to  be 
returned  to  the  county  clerk. 

§   3356.      Primary  Deemed  Separate  Election  for  Each  Party. 

In  construing  the  provisions  of  this  law,  and  of  all 
sections  of  this  compilation,  hereby  made  applicable  to 
primary  nominating  elections  they  shall,  as  to  the  duties  of 
officers,  forms,  blanks,  ballots,  elections  and  all  other  matters 
so  far  as  may  be,  be  understood  and  interpreted  as  though  said 
political  party  making  its  nominations  hereunder,  and  to  be 
conducted  as  to  that  party  as  nearly  as  practicable  the  same  as 
the  regular  biennial  general  elections  in  November  are  con- 
ducted for  all  the  electors,  except  in  so  far  as  the  manner  of 
proceeding  at  said  November  election  may  be  modified  or 
changed  by  this  law  for  the  purpose  of  said  primary  nominat- 
ing election.  The  provisions  of  this  law  do  not  modify  or  in 
any  manner  control  the  proceedings  at  the  regular  biennial 
general  elections,  except  in  so  far  as  they  may  be  herein 
expressly  and  directly  amended.  [L.  1913,  Chap.  200,  p.  389.] 

§   3357.      Tally    Sheets,    How   Kept. 

Tally  sheets  for  each  political  party  having  candidates  to 
be  voted  for  at  said  primary  nominating  election  shall  be 
furnished  for  each  voting  precinct  by  the  county  clerk,  at  the 
same  time  and  in  the  same  manner  that  the  ballots  are 
furnished,  and  shall  be  substantially  as  follows : 

"Tally  sheet  of  the  primary  nominating  election  for 

(name  of  political  party)    held  at.... precinct,  in  the  county 

of on  the day  of ,   19      ." 


STATUTES  RELATING  TO  ELECTIONS. 


55 


The  names  of  the  candidates  shall  be  placed  on  the  tally 
sheets  and  numbered  in  the  order  in  which  they  appear  on 
the  official  and  sample  ballots,  and  in  each  case  shall  have 
the  proper  political  party  designated  at  the  head  thereof. 

The  following  shall  be  the  form  of  the  tally  sheets  kept 
by  the  judges  and  clerks  of  the  primary  nominating  election 
under  this  law,  containing  the  number  and  name  of  each  person 
voted  for,  the  particular  office  for  nomination  to  which  each 
person  was  voted  for,  the  total  number  of  votes  cast  for  each 
candidate  for  nomination.  The  tally  or  count  as  it  is  kept  by 
each  of  the  clerks,  shall  be  audibly  announced  as  it  proceeds, 
and  shall  be  kept  in  the  manner  and  form  as  follows: 


No. 

Names  of 
candidates 

Office 

Total  vote 
received 

No. 

Tally  5        No. 

Tally  10     ^No       Tally  15 

19 

12 

Iv 

18 

18 

18 

18 

14 

1-1 

14 

14 

The  columns  for  the  numbers  12,  13,  14,  etc.,  shall  not  be 
over  three-eighths  of  an  inch  wide.  The  columns  for  the  tallies 
shall  be  three-eighths  of  an  inch  wide,  the  lines  shall  be  three- 
eighths  of  an  inch  apart;  every  ten  lines  the  captions  of  the 
columns  shall  be  reprinted  between  double-ruled  lines  in  bold- 
faced small  pica,  and  all  the  figures  shall  be  printed  in 
bold-faced  small  pica.  The  tally  sheets  shall  conclude  with 
the  following  form  of  certificate: 

We  hereby  certify  that  at  the  above  primary  nominating  election 
and  polling  place  each  of  the  foregoing  named  persons  received  the 
number  of  votes  set  opposite  his  name  as  above  set  forth  for  the 
nomination  for  the  office  specified. 

,   Clerk. 

(Who  kept  this  sheet.) 

,   Chairman. 

,   Judge.  ,   Clerk. 

,  Judge. ,  Clerk. 

(Who  kept  the  other  sheets. 

During  the  counting  of  the  ballots  each  clerk  shall,  with 
pen  and  ink,  keep  tally  upon  one  of  the  above  tally  sheets,  of 
each  political  party,  and  shall  total  the  number  of  tallies  and 
write  the  total  in  ink  immediately  to  the  right  of  the  last 
tallies  for  each  candidate,  and  also  in  the  columns  headed 
"total  vote,"  and  shall  prepare  the  certificate  thereto  above 
indicated;  and  immediately  upon  the  completion  of  the  count, 
all  the  clerks  shall  sign  the  tally  sheets,  and  each  of  them 
shall  certify  which  sheets  were  kept  by  him;  and  the  chair- 


56  STATUTES  RELATING  TO  ELECTIONS. 

man  and  the  judges,  being  satisfied  with  the  correctness  of 
the  same,  shall  then  sign  all  of  said  tally  sheets.  The  clerks 
shall  then  prepare  a  statement  of  that  portion  of  the  tally 
sheets  showing  the  number  and  name  and  political  party  of 
each  candidate  for  nomination  and  the  office  and  total  votes 
received  by  each  in  the  precinct,  and  shall  prepare  the  certifi- 
cate thereto,  which  statement  shall  be  signed  by  the  judges 
and  clerks  to  complete  the  count,  and  shall  be  immediately 
posted  in  a  conspicuous  place  on  the  outside  of  said  polls,  there 
to  remain  for  ten  days.  When  two  boards  of  judges  and 
clerks  participate  in  the  counting  of  the  ballots,  each  board 
shall  keep  and  certify  its  own  separate  tally  sheets.  When 
one  board  is  relieved^  by  the  other  board,  the  retiring  board 
shall,  before  adjourning,  total  up  the  tallies  representing  the 
ballots  so  far  counted  for  each  candidate  for  nomination,  and 
a  memorandum  of  the  total  vote  received  by  each  candidate 
shall  be  noted  on  the  tally  sheet  in  ink  immediately  above  the 
last  tallies  for  each  candidate,  all  done  in  ink,  but  in  such 
manner  as  not  to  render  the  tally  sheet  unfit  for  continuing 
the  count  upon  the  reconvening  of  the  board.  During  the 
recess  the  chairman  and  second  judge  of  the  board  shall  each 
have  the  custody  of  one  set  of  the  tally  sheets,  and  the  third 
set  of  sheets  shall  be  deposited  in  the  ballot  box,  all  the  third 
set  of  sheets  being  kept  sealed  under  the  official  seal  of  the 
board  until  the  board  reconvenes.  When  it  is  seen  which 
board  will  have  to  complete  the  count,  the  outgoing  board 
shall  complete  the  additions  and  certifications  upon  its  tally 
sheets,  and  deliver  two  sets  of  its  tally  sheets  to  the  chairman 
of  the  board  which  is  to  complete  the  count  of  the  ballot. 
The  third  set  of  tally  sheets  shall  be  sealed  under  the  official 
seal  of  the  board,  indorsed  on  the  outside  to  identify  it,  and 
retained  by  the  chairman  of  the  board  which  made  and 
certified  it,  to  be  kept  by  him  safely,  subject  to  the  control 
of  the  proper  court. 

S   3358.      Count    Completed   and   Authenticated. 

Immediately  after  canvassing  the  votes  in  the  manner  afore- 
said, the  judges  and  clerks  to  complete  the  count,  before 
they  separate  or  adjourn  shall  inclose  the  poll  books  in  separate 
covers  and  securely  seal  the  same.  They  shall  also  inclose 
the  tally  sheets  in  separate  envelopes  and  seal  the  same 
securely.  They  shall  also  envelope  all  the  ballots  fastened 
together,  as  aforesaid,  and  seal  the  same  securely;  and 
they  shall,  in  writing,  with  pen  and  ink,  specify  the 
contents,  and  address  each  of  said  packages  upon  the  outside 
thereof  to  the  county  clerk  of  the  county  in  which  the  election 
precinct  is  situated.  When  two  boards  participate  in  counting 


STATUTES  RELATING  TO  ELECTIONS.  57 

the  ballots  each  board,  before  taking  its  recess,  shall  plainly 
mark  and  identify  the  last  ballot  which  it  has  counted  and 
seal  the  same  under  the  official  seal  of  the  board  upon  the 
back  of  the  said  uppermost  ballot.  They  shall  then  string 
the  loose  ends  of  the  counted  ballots  and  tie  the  same  tightly 
and  seal  the  knot  and  string  over  the  loose  end  of  the  ballots 
with  their  official  seal  in  such  manner  that  it  will  show  if 
broken,  and  leave  the  same  with  the  ballot  boxes  until  the 
count  is  completed.  These  sealed  packages  of  counted  ballots 
shall  be  marked  on  the  outside,  showing  what  numbers  are 
contained  therein,  but  once  sealed  they  are  not  to  be  opened 
by  any  one  until  so  ordered  by  the  proper  court.  When  the 
count  is  completed,  the  ballots  counted  and  sealed,  and 
enveloped  and  marked  for  identification  as  aforesaid,  shall 
be  packed  in  the  two  ballot  boxes,  and  nothing  else  shall  be 
put  into  the  boxes.  The  boxes  shall  then  be  locked,  and  the 
official  seal  of  the  board  which  finally  completed  the  count 
shall  be  pasted  over  the  keyhole  and  over  the  rim  of  the  lid 
of  the  box,  so  that  the  box  cannot  be  opened  without  break- 
ing the  seal.  Thereafter  neither  the  county  clerk  nor  the 
canvassers  making  abstracts  of  the  votes  shall  break  the  said 
seals  upon  the  ballot  boxes,  nor  shall  any  one  break  the  seals 
on  the  boxes  or  the  ballots,  except  upon  the  order  of  the  proper 
court  in  case  of  contest,  or  upon  the  order  of  the  county  court 
when  the  boxes  are  needed  for  the  ensuing  election. 

§   3359.      Political    Party    Defined — Nominations:    How    Regulated. 

A  political  party  within  the  meaning  of  this  act  is  an 
affiliation  of  electors  representing  a  political  party  or 
organization,  which,  at  the  last  preceding  general  election 
polled  for  its  candidates  for  presidential  electors  at  least 
20  per  cent  of  the  entire  vote  cast  for  that  office  in  the 
State.  Every  such  political  party  shall  nominate  all  its  can- 
didates for  public  office,  under  the  urovisions  of  this  law  and 
not  in  any  other  manner,  and  it  shall  not  be  allowed  to  nomin- 
ate any  candidate  in  the  manner  provided  by  Section  3333. 
Every  political  party  and  its  regularly  nominated  candidates, 
members,  and  officers  shall  have  the  sole  and  exclusive  right 
to  use  of  the  party  name  and  the  whole  thereof,  and  no  can- 
didate for  office  shall  be  nermitted  to  use  any  word  of  the 
name  of  any  other  political  party  or  organization  than  that  by 
which  he  is  nominated.  No  independent  or  non-partisan  can- 
didate shall  be  permitted  to  use  any  word  of  the  name  of  any 
existing  political  party  or  organization  in  his  candidacy,  nor 
shall  he  be  permitted  to  use  any  other  name  than  "Independ- 
ent" or  "Non-partisan."  The  names  of  candidates  for  public 


58  STATUTES  RELATING  TO  ELECTIONS. 


office  nominated  under  the  provisions  of  this  law  shall  be 
printed  on  the  official  ballots  for  the  ensuing  election  as  the 
only  candidates  of  the  respective  parties  for  such  public  office 
in  like  manner  as  the  names  of  the  candidates  nominated  by 
other  methods  are  required  to  be  printed  on  such  official  bal- 
lots, and  the  provisions  of  Sections  3347  and  3348  shall  apply 
to  and  are  hereby  made  applicable  to  nominations  for  public 
office  made  under  this  law,  so  far  as  the  same  are  not  in  con- 
flict with  the  provisions  of  this  law.  [L.  1913,  Chap.  108, 
p.  183.] 

§    1.      Election  of  National  Committeeman  Required. 

A  political  party  within  the  meaning  of  Section  3359  of 
Lord's  Oregon  Laws,  shall  elect  its  national  committeeman 
as  herein  provided  and  not  otherwise.  [L.  1913,  Chap.  223, 
p.  411.] 

§   2.      National    Committeeniaii:    How    Nominated    and    Elected. 

At  the  general  primary  nominating  election  held  in 
1914,  and  every  four  years  thereafter,  every  political  party 
as  defined  in  Section  1  hereof  shall  elect  its  member  of  the 
National  Committee.  A  candidate  for  such  office  shall  file 
his  nominating  petition  with  the  Secretary  of  State  as  now 
required  by  candidates  for  State  offices.  Such  petition  shall 
be  signed  by  at  least  200  qualified  voters  of  the  political  party 
of  such  candidate.  The  names  of  all  such  candidates  shall  be 
printed  on  the  primary  election  ballots  of  the  respective  polit- 
ical parties  of  which  they  are  candidates,  and  shall  be  voted 
for  only  by  the  members  of  the  party  of  which  any  such  per- 
son is  a  candidate.  A  plurality  shall  be  sufficient  to  elect,  and 
any  person  so  elected  shall  hold  office  until  his  successor  is 
elected.  In  case  of  a  vacancy  by  death,  resignation  or  other- 
wise, such  vacancy  shall  be  filled  for  the  unexpired  term  by 
the  State  Central  Committee  of  the  party  in  which  such  office 
of  National  Committeeman  is  vacant.  Except  as  herein  other- 
wise provided,  existing  provisions  of  law  relating  to  elections 
are  hereby  made  applicable  to  the  election  of  National  Com- 
mitteemen.  [L.  1913,  Chap.  223,  p.  411.] 

§   3360.      Candidates   to   File   Petitions   for   Nomination. 

Before  or  at  the  time  of  beginning  to  circulate  any 
petition  for  nomination  to  any  office  under  this  law,  the 
person  who  is  to  be  a  candidate  for  such  nomination  shall  send 
by  registered  mail  or  otherwise  to  the  Secretary  of  State  or 
the  county  clerk  or  city  clerk,  recorder  or  auditor,  as  the  case 
may  be,  a  copy  of  his  petition  for  nomination,  signed  by  him- 


STATUTES  RELATING  TO  ELECTIONS.  59 

self,  and  such  copy  shall  be  filed  and  shall  be  conclusive  evi- 
dence for  the  purposes  of  this  law  that  said  elector  has  been  a 
candidate  for  nomination  by  his  party.  All  nominating  peti- 
tions and  notices  pertaining  to  candidates  for  the  office  of 
delegate  to  a  party  national  convention,  Elector  of  President 
and  Vice-President  of  the  United  States,  United  States  Sena- 
tor in  Congress,  Representative  in  Congress,  Governor,  Sec- 
retary of  State,  State  Treasurer,  Justice  of  the  Supreme 
Court,  Attorney  General,  Superintendent  of  Public  Instruc- 
tion, State  Printer,  State  Engineer,  Dairy  and  Food  Commis- 
sioner, Commissioner  of  the  Bureau  of  Labor  Statistics  and 
Inspector  of  Factories  and  Workshops,  Commissioner  of  the 
Railroad  Commission  of  Oregon,  Superintendent  of  a  Water 
Division,  Judge  of  the  Circuit  Court,  District  or  Prosecuting 
Attorney,  State  Senator  or  Representative  in  the  Legislative 
Assembly,  or  other  office  to  be  voted  for  in  the  State  at  large, 
or  in  a  district  composed  of  one  or  more  counties,  shall  be  filed 
with  the  Secretary  of  State;  all  nominating  petitions  and 
notices  pertaining  to  candidates  for  county  offices  anci  district 
or  precinct  offices  within  a  county  shall  be  filed  with  the 
county  clerk;  and  for  all  city  offices  in  the  office  of  the  city 
clerk,  recorder,  or  auditor,  as  the  case  may  be.  [L.  1913, 
Chap.  202,  p.  390.] 

§   3361.      Further    of    Petitions — Statements    Nos.    1    and    2. 

Any  qualified  elector  who  has  filed  his  petition,  and  is 
registered  as  herein  required  as  a  member  of  a  political  party 
subject  to  the  provisions  of  this  act,  shall  have  his  name 
printed  on  the  official  nominating  ballot  of  his  party  as  a 
candidate  for  nomination  for  any  office  at  any  primary  nom- 
inating election  held  under  the  provisions  of  this  act,  if  there 
shall  be  filed  in  his  behalf  a  petition  signed  as  herein  required, 
and  substantially  in  the  following  form: 

To (address  of  the  officer  with  whom  the  petition  is  to  be 

filed),  and  to  the  members  of  the party  and  the  electors  of 

(State)    (counties   of) ,   comprising  the district) 

(county),  (city),  (as  the  case  may  be),  in  the  State  of  Oregon — 

I,  ,  reside  at ,  and  my  postoffice  address  is 

I  am  a  duly  registered  member  of  the party.    If  I 

am  nominated  for  the  office  of ,  at  the  primary  nominating  elec- 
tion to  be  held  in  the  (State  of  Oregon),  (district),  (county),  (city), 

the day  of ,  19....,  I  will  accept  the  nomination  and  will 

not  withdraw,  and  if  I  am  elected  I  will  qualify  as  such  officer. 

If  I  am  nominated  and  elected  I  will,  during  my  term  of  office  (here 
the  candidate,  in  not  exceeding  one  hundred  words,  may  state  any 
measures  or  principles  he  especially  advocates,  and  the  form  in  which 
he  wishes  it  printed  after  his  name  on  the  nominating  ballot,  in  not 
exceeding  twelve  words). 


60  STATUTES  RELATING  TO  ELECTIONS. 


In  case  of  an  elector  seeking  nomination  for  the  office  of 
senator  or  representative  in  the  legislative  assembly,  he  may 
include  one  of  the  following  two  statements  in  his  petition; 
but  if  he  does  not  do  so,  the  Secretary  of  State  or  county 
clerk,  as  the  case  may  be,  shall  not  on  that  account  refuse 
to  file  his  petition: 

STATEMENT   NO.    1. 

I  further  state  to  the  people  of  Oregon,  as  well  as  to  the  people  of 
my  legislative  district,  that  during  my  term  of  office  I  will  always  vote 
for  that  candidate  for  United  States  Senator  in  Congress  who  has 
received  the  highest  number  of  the  people's  votes  for  that  position  at 
the  general  election  next  preceding  the  election  of  a  Senator  in 
Congress,  without  regard  to  my  individual  preference. 


(Signature  of  the  candidate  for  nomination.) 

If  the  candidate  shall  be  unwilling  to  sign  the  above  state- 
ment, then  he  may  sign  the  following  statement  as  a  part 
of  his  petition: 

STATEMENT   NO.    2. 

During  my  term  of  office  I  shall  consider  the  vote  of  the  people  for 
United  States  Senator  in  Congress  as  nothing  more  than  a  recom- 
mendation, which  I  shall  be  at  liberty  to  wholly  disregard,  if  the 
reason  for  doing  so  seems  to  me  to  be  sufficient. 


(Signature  of  the  candidate  for  nomination.) 

Every  such  petition  shall  be  signed  as  above  by  the  elector 
seeking  such  nomination.  There  shall  be  a  separate  leaf  or 
sheet  signed  as  above  on  every  such  petition  for  each  precinct 
in  which  it  is  circulated.  After  the  above  and  on  a  separate 
sheet  or  sheets,  shall  be  the  following  petition: 

To (Secretary  of  State   for  Oregon),    or    (to , 

the  county  clerk  for  the  county  of ,   Oregon),   or    (to 

,  city  clerk  of  the  city  of ),  (as  the  case  may  be: 

We,  the  undersigned  registered  members  of  the party  and 

qualified  electors  and  residents  of precinct,  in  the  county  of 

,  State  of  Oregon,  respectfully  request  that  you  will  cause 

to  be  printed  on  the  official  nominating  ballot  for  the party 

at  the  aforesaid  primary  nominating  election,  the  name  of  the  above 

signed (name  of  applicant)   as  a  candidate  for  nomination 

to  the  office  of (title  of  office)    by  said ...party. 


STATUTES  RELATING  TO  ELECTIONS.  61 


Name 


Postoffice  address 


Street  and  number,  if  any 


Precinct 


Each  and  every  leaf  or  sheet  of  said  petition  containing 
signatures  shall  be  verified  in  substantially  the  following  form 
by  one  or  more  of  the  signers  of  said  petition: 

STATE   OP  OREGON, 

County    of 


I,  ,  being  first  duly  sworn,  say:    I  am  personally 

acquainted  with  all  the  persons  who  have  signed  this  sheet  of  the  fore- 
going petition,  and  1  personally  know  that  their  signatures  thereon  are 
genuine;  and  I  believe  that  their  postomce  address  and  residence  are 
correctly  stated,  and  that  they  are  qualified  electors  and  registered 
members  of  the party. 


(Signature    of    affiant.) 
Subscribed  and  sworn  to  before  me  this day  of ...,  19 


( Signature  and  title  of  officer  before  whom  oath  is  made. ) 
§   3362.      Signatures   to   Make   Petitions   Effective. 

The  vote  cast  by  a  political  party  in  each  precinct  for 
Representative  in  Congress  at  the  last  preceding  general  elec- 
tion shall  be  the  basis  on  which  the  percentage  for  petitions 
shall  be  counted;  provided,  that  if  any  political  party  cast 
twenty-five  per  cent  of  the  total  votes  in  the  State  for  Repre- 
sentative in  Congress,  although  less  than  the  required  per- 
centage in  any  one  or  more  electoral  districts,  county,  munici- 
pality or  precinct,  it  shall  nevertheless  be  subject  to  the 
provisions  of  this  law  in  making  nominations  in  such  electoral 
districts,  county,  municipality  and  precinct.  If  the  nomina- 
tion is  for  a  municipal  office,  or  an  office  to  be  voted  for  in 
only  one  county,  the  necessary  number  of  signers  shall  include 
electors  residing  in  at  least  one-fifth  of  the  voting  precincts 
of  the  county,  municipality  or  district ;  if  it  be  a  State  or  dis- 
trict office  and  the  district  comprises  more  than  one  county, 
the  necessary  number  of  signers  shall  include  electors  residing 
in  each  of  at  least  one-eighth  of  the  precincts  in  each  of  at 
least  two  counties  in  the  district ;  if  it  be  an  office  to  be  voted 
for  in  the  State  at  large,  the  necessary  number  of  signers 
shall  include  electors  residing  in  each  of  at  least  one-tenth  of 
the  precincts  in  each  of  at  least  seven  counties  of  the  State ; 
if  it  be  an  office  to  be  voted  for  in  a  congressional  district,  the 
necessary  number  of  signers  shall  include  electors  residing 
in  at  least  one-tenth  of  the  precincts  in  each  of  at  least  one- 
fourth  of  the  counties  in  such  district.  The  number  of  sign- 
ers required  on  every  such  petition  shall  be  at  least  two  per 


62  STATUTES  RELATING  TO  ELECTIONS. 

cent  of  the  party  vote  in  the  electoral  district  as  above  stated ; 
provided,  that  the  whole  number  of  signers  required  on  a 
nominating  petition  under  the  provisions  of  this  law  for  any 
office  to  be  voted  for  in  the  State  at  large,  or  in  a  congressional 
district,  shall  not  exceed  1,000,  nor  in  any  other  case  shall  the 
whole  number  required  exceed  500  signers.  All  the  leaves 
or  sheets  making  one  petition  shall  be  fastened  together  before 
they  are  forwarded  to  the  proper  officers  for  filing.  There 
shall  not  be  in  any  petition  the  name  of  more  than  one  candi- 
date for  nomination.  Any  elector  may  sign  more  than  one 
nominating  petition  required  by  this  law  for  the  same  office. 
It  shall  be  unlawful  for  any  person  to  sign  another  person's 
name  to  any  petition  required  by  this  law.  It  shall  be  unlaw- 
ful for  any  person  to  sign  any  nominating  petition  required 
by  this  law  unless  he  is  a  qualified  elector  and  at  the  time  of 
signing  has  registered  for  the  ensuing  election  as  a  member 
of  the  political  party  represented  by  the  petition.  Any  names 
or  signatures  placed  on  any  petition  in  violation  of  the  pro- 
visions of  this  law  shall  not  be  counted  in  computing  the 
number  of  signers  necessary  to  make  the  same  a  valid  and 
effective  petition. 

§   3363.      Qualifications   of   Signers. 

No  person  who  is  not  a  qualified  elector  and  a  registered 
member  of  a  party  making  its  nominations  under  the  pro- 
visions of  this  law  shall  be  qualified  to  join  in  signing  any 
petition  for  nomination,  or  to  vote  at  said  primary  nominating 
election,  and  no  person  shall  be  qualified  to  sign  any  nom- 
inating petition  of  any  other  political  party  for  the  primary 
nominating  election  than  that  with  which  he  is  registered 
as  a  member.  But  this  shall  not  be  construed  to  prevent  any 
registered  member  of  any  party  from  signing  a  petition  for 
the  nomination  of  any  independent  or  nonpartisan  candidate 
after  the  primary  nominating  election,  nor  shall  it  be  con- 
strued to  prevent  any  qualified  elector  from  signing  petitions 
for  more  than  one  candidate  for  the  same  office  on  one  party 
ticket. 

§   3364.      When  Petitions  Must  Be  Filed. 

All  petitions  for  nominations  required  to  be  filed  with  the 
Secretary  of  State,  shall  be  filed  not  later  than  the  thirty-fifth 
day  prior  to  the  primary  nominating  election,  and  all  petitions 
required  to  be  filed  with  the  county  clerk,  city  clerk,  recorder, 
or  auditor,  as  the  case  may  be  (in  towns  or  cities  having 
2,000  or  more  inhabitants)  shall  be  filed  not  later  than  the 
thirtieth  day  prior  to  the  primary  nominating  election.  TL. 
1913,  Chap.  201,  p.  390.] 


STATUTES  RELATING  TO  ELECTIONS.  63 

§   3365.      Register  of   Candidates   to  Be  Kept — Contents. 

The  county  clerk,  Secretary  of  State,  and  the  city  clerk, 
recorder,  or  auditor  of  towns  and  cities  having  2,000  inhab- 
itants or  more,  shall  keep  a  book  entitled  "Register  of  Candi- 
dates for  Nomination  at  the  Primary  Nominating  Election," 
and  he  shall  enter  therein  on  different  pages  of  the  book  for 
the  different  political  parties  subject  to  the  provisions  of  this- 
law,  the  title  of  the  office  sought  and  the  name  and  residence 
of  each  candidate  for  nomination  at  the  primary  nominating 
election,  the  name  of  his  political  party,  the  date  of  receiving 
the  first  copy  of  his  petition  signed  by  the  candidate,  the 
words  he  wishes  printed  after  his  name  on  the  nominating 
ballot,  if  any,  the  date  of  receiving  his  petition,  the  number 
of  signatures  thereon,  and  the  number  of  signatures  required 
to  make  a  valid  and  sufficient  petition  for  nomination  to  said 
office  by  his  political  party,  and  such  other  information  as 
may  aid  him  in  arranging  his  official  ballot  for  said  primary 
nominating  election.  Immediately  after  the  canvass  of  votes 
at  a  primary  nominating  election  is  completed,  the  county 
clerk,  Secretary  of  State,  or  city  clerk,  recorder,  or  auditor, 
as  the  case  may  be,  shall  enter  in  his  book  marked  "Register 
of  Nominations,"  provided  by  Section  3341,  the  date  of  such 
entry,  the  name  of  each  candidate  nominated,  the  office  for 
which  he  is  nominated,  and  the  name  of  the  party  making 
the  nomination. 

§   3366.      Registers    to    Be    Public    Records  —  All    Documents    to    Be 
Preserved. 

Such  registers  of  candidates  for  nomination  and  of  nom- 
inations, and  petitions,  letters  and  notices  and  other  writings 
required  by  law,  as  soon  as  filed,  shall  be  public  records,  and 
shall  be  open  to  public  inspection  under  proper  regulations, 
and  when  a  copy  of  any  such  writing  is  presented  at  the  time 
the  original  is  filed,  or  at  any  time  thereafter,  and  a  request 
is  made  to  have  such  copy  compared  and  certified,  the  officers 
with  whom  such  writing  was  filed  shall  forthwith  compare 
such  copy  with  the  original  on  file,  and,  if  necessary,  correct 
the  copy  and  certify  and  deliver  the  copy  to  the  person  who 
presented  it  on  payment  of  his  lawful  fees  therefor.  All  such 
writings,  poll  books,  tally  sheets,  ballots,  and  ballot  stubs  per- 
taining to  primary  nominating  elections  under  the  provisions 
of  this  act,  shall  be  preserved  as  other  records  are,  for  two 
years  after  the  election  to  which  they  pertain,  at  which  time 
unless  otherwise  ordered  or  restrained  by  some  court,  the 
county  court  shall  destroy  the  ballots  and  ballot  stubs,  by 
fire,  without  any  one  inspecting  the  same. 


64  STATUTES  RELATING  TO  ELECTIONS. 

§   3367.      Death    or    AVithdrawal — Vacancies. 

The  provisions  of  Sections  3343  and  3344  shall  apply 
to  nominations  or  petitions  for  nominations  made  under  the 
provisions  of  this  law,  in  case  of  the  death  of  the  candidate 
or  his  removal  from  the  State  or  his  county  or  electoral  dis- 
trict before  the  date  of  the  ensuing  election,  but  in  no  other 
•case.  In  case  of  any  such  vacancy  by  death  or  removal  from 
the  State  or  from  the  county  or  electoral  district,  such 
vacancy  may  be  filled  by  the  committee  which  has  been  given 
power  by  the  political  party  or  this  law  to  fill  such  vacancies 
substantially  in  the  manner  provided  by  Sections  3345  and 
3346. 

§   3368.      When   Ballots   to   Be   Arranged   and   Sent   to   County   Clerks 
by   Secretary  of   State. 

Not  more  than  twenty-eight  (28)  days  and  not  less 
than  twenty-five  (25)  days  before  the  day  fixed  by  law  for 
the  primary  nominating  election  the  Secretary  of  State  shall 
arrange,  in  the  manner  provided  by  this  law,  for  the  arrange- 
ment of  the  names  and  other  information  upon  the  ballots,  all 
the  names  of  and  information  concerning  all  the  candidates 
for  nomination  contained  in  the  valid  petitions  for  nomination 
which  have  been  filed  with  him  in  accordance  with  the  pro- 
visions of  this  law,  and  he  shall  forthwith  certify  the  same 
under  the  seal  of  the  State,  and  file  the  same  in  his  office,  and 
make  and  transmit  a  duplicate  thereof  by  registered  letter  to 
the  county  clerk  of  each  county  in  the  State,  and  he  shall  also 
post  a  duplicate  thereof  in  a  conspicuous  place  in  his  office 
and  keep  the  same  posted  until  after  said  primary  nominating 
election  has  taken  place.  In  case  of  emergency  the  Secretary 
of  State  may  transmit  such  duplicate  by  telegraph.  [L.  1913, 
Chap.  203,  p.  391.] 

§   3369.      Local  Officer  to  Prepare  and  Post  Ballot. 

Not  more  than  twenty-two  (22)  days  and  not  less 
than  nineteen  (19)  days  before  the  day  fixed  by  law  for 
the  primary  nominating  election,  the  dbunty  clerk  of  each 
county,  or  the  city  clerk,  recorder  or  auditor  of  each  city,  as 
the  case  may  be,  subject  to  the  provisions  of  this  law,  shall 
arrange  in  the  manner  provided  by  this  law  for  the  arrange- 
ment of  the  names  and  other  information  concerning  all  the 
candidates  and  parties  named  in  the  valid  petitions  for  nom- 
inations which  have  been  filed  with  him,  and  those  which  have 
been  certified  to  him  by  the  Secretary  of  State,  in  accordance 
with  the  provisions  of  this  law,  and  he  shall  forthwith  certify 
the  same  under  the  seal  of  the  county  court,  or  the  official  seal 
of  his  office,  as  the  case  may  be,  and  file  the  same  in  his  office, 


STATUTES  RELATING  TO  ELECTIONS.  65 


and  make  and  post  a  duplicate  thereof  in  a  conspicuous  place 
in  his  office  and  keep  the  same  posted  until  after  the  primary 
nominating  election  has  taken  place;  and  he  shall  forthwith 
proceed  and  cause  to  be  printed  according  to  law,  the  colored 
sample  ballots  and  the  official  voting  ballots  for  each  political 
party  required  by  this  law.  [L.  1913,  Chap.  203,  p.  391.] 

§   3370.      Ballots   and    Sample   Ballots. 

The  provisions  of  Section  3392  shall  apply  to  and  are  hereby 
made  applicable  to  primary  nominating  elections  under  this 
law.  All  the  official  ballots  designed  to  be  voted  at  primary 
nominating  elections  shall  be  printed  for  the  Republican 
party  in  black  ink  upon  a  good  quality  of  white  paper;  for 
the  Democratic  party  in  black  ink  upon  a  good  quality  of 
blue  paper;  and  for  any  third  party  in  black  ink  upon  a  good 
quality  of  yellow  paper ;  otherwise,  except  for  the  party  name, 
the  ballots  shall  be  alike  for  each  political  party  and  of  the 
same  size  in  the  same  county  at  the  same  election.  Duplicate 
impressions  of  the  same  shall  be  printed  upon  cheaper  colored 
paper,  but  not  of  any  of  the  colors  above  named,  so  as  to  be 
readily  distinguished  from  official  ballots  designed  to  be  voted ; 
these  colored  ballots  shall  be  used  solely  as  sample  ballots  for 
the  information  and  convenience  of  voters,  and,  if  voted,  shall 
not  be  counted. 

§   3371.      Style  and  Arrangement  of  Ballot. 

The  ballot  shall  be  styled  "Official  primary  nominating 
election  ballot  of party";  shall  state  the  num- 
ber or  name  of  the  precinct  and  county  they  are  intended  for, 
and  date  when  election  is  to  be  held;  shall  contain  the  names 
of  all  candidates  for  nomination  for  offices  to  be  filled  at  that 
election  whose  petitions  have  been  duly  made  and  filed  as 
herein  provided,  and  who  have  not  died  or  removed  from  their 
electoral  districts,  and  the  names  of  candidates  of  the  several 
parties  in  the  several  precincts  for  the  members  of  their 
county  central  committees,  and  of  delegates  to  be  chosen  to 
any  constitutional  convention  that  may  be  called,  and  shall 
contain  no  other  names  of  persons;  the  name  of  each  person 
•for  whom  as  a  candidate  for  nomination  a  valid  petition  has 
been  duly  filed  shall  be  printed  on  the  ballot  in  but  one  place, 
but  there  shall  be  added  opposite  thereto  the  measures  he 
especially  advocates,  expressed  in  not  more  than  twelve  words 
as  specified  in  the  petition  for  nomination  naming  him  for 
the  office.  The  names  of  the  candidates  for  nomination  to 
each  office  shall  be  arranged  under  the  designation  of  the 
office,  in  alphabetical  order,  according  to  surnames;  there 
shall  be  left  at  the  end  of  the  list  of  candidates  for  nomination 
to  each  different  office,  a  blank  space  in  which  the  elector 


66  STATUTES  RELATING  TO  ELECTIONS. 


may  write  the  name  of  any  person  not  printed  on  the  ballot 
for  whom  he  desires  to  vote  as  a  nominee  for  such  office. 
On  the  left  margin  of  the  ballots  for  each  political  party 
the  name  of  the  uppermost  candidate  for  nomination  as 
printed  shall  be  numbered  12,  and  the  next  candidate  13, 
and  the  next  14,  and  so  on  consecutively  to  the  end  of  the 
ballot.  The  blank  lines  shall  not  be  numbered.  Each  ballot 
shall  have  along  the  top  thereof  a  stub  one  and  one-half 
inches  wide,  perforated  along  the  lower  edge  thereof;  on  the 
left  half  of  the  stub  shall  be  printed  the  words,  "Stub  to  be 
torn  off  by  the  chairman,"  on  the  right  half  "Stub  to  be 
torn  off  by  first  clerk,"  and  colored  sample  ballots  shall 
not  be  perforated.  Immediately  below  the  perforated  line 
shall  be  printed,  in  capitals,  these  words,  "Official  primary 

nominating  ballot  for  the party  for precinct, 

county,  at  the  primary  nominating  election  to  be  held 

on ,  the day  of ,  19 "    Under  this 

caption  shall  be  printed,  in  bold-faced  type,  the  words,  "Mark 
a  cross  [X]  between  the  number  and  the  name  of  each  candi- 
date voted  for."  Below  this  shall  be  printed  in  the  manner 
aforesaid  (1)  the  candidates  for  nomination  for  Senator  and 
Representative  in  Congress  and  for  State  offices;  (2)  for  dis- 
trict and  county  offices;  (3)  for  precinct  offices;  (4)  for  other 
offices.  The  ballot  shall  be  printed  so  as  to  give  each  elector 
a  clear  opportunity  to  designate  his  choice  for  candidates  for 
nomination  by  making  with  indelible  pencil  a  cross  [X]  to 
the  left  of  the  name  of  the  candidate  he  wishes  to  vote  for 
nomination  to  each  office;  and  on  the  ballot  may  be  printed 
such  words  as  will  aid  the  elector  to  do  this — "vote  for  one," 
"vote  for  three,"  and  the  like.  The  ballot  shall  be  of  sufficient 
length  and  width  to  permit  this  to  be  properly  done.  The 
official  ballot  for  each  party  shall  be  arranged  and  printed 
in  substantially  the  following  form,  but  it  may  be  printed  in 
two  or  more  columns,  and  shall  be  ruled,  lined  and  spaced 
in  the  manner  provided  by  Section  3394,  for  the  official  ballots 
at  the  regular  general  election: 


STATUTES  RELATING  TO  ELECTIONS.  67 


STUB 

TO  BE  TORN  OFF  BY  THE  CHAIRMAN. 


STUB 
TO  BE  TORN  OFF  BY  THE  FIRST  CLERK. 


OFFICIAL    PRIMARY    NOMINATING    ELECTION    BALLOT 

FOR    THE 

PARTY,    FOR    SOUTH    PORTLAND    PRECINCT, 

MULTNOMAH   COUNTY, 


PRIMARY  NOMINATING   ELECTION  TO   BE   HELD   ON , 

THE DAY    OF    APRIL,    19 

Make    a    Cross     [X]     between    the    number    and    the    name    of    each 
candidate  voted  for. 

Republican  Candidates  for  Nomination  for  Senator  and  Representative 
in   Congress,   and   for   State  Officers. 

For    United   States   Senator  in   Congress  Vote  for  ONE 

12  Thurlow  B.   Merton  of  Multnomah  County. 

13  WaTter~B7~Wiiter   of   Umatilla    County. 

For   Representative   in   Congress  Vote  for  ONE 

14  Joseph   Jennings   of   Wasco   County. 

15  Jonathan   Samms  of  Gilliam  County. 

For    Governor  Vote  for  ONE 

16  Samuel  Johnson  of  Marion  County,  favors  franchise  tax  corporations. 


17     John  Samson  of  Malheur  County. 


For  Secretary   of   State  Vote  for  ONE 

IS     W.    B.    Curran   of   Clatsop   County. 


19     George   Wilson   of   Baker   County. 


For   State    Treasurer  Vote  for  ONE 

20  cT~H7~Chilton   of   Grant   County. 

21  John   P.   Walker  of   Columbia  County. 

For    Supreme   Judge  Vote  for  ONE 


22     Arthur   C.    Simms   of   Crook   County. 


Orville   Wilkins    of   Wallowa   County. 


For   Superintendent   of  Public  Instruction  Vote  for  ONE 

24     George   M.    Josephson   of  Wasco   County. 


25      Henry    J.    Summer    of    Wheeler    County. 


For  State  Printer  Vote  for  ONE 

2~6 Ord   C.    Colunder   of   Douglas   County. 


Samuel   P.   Kollen   of  Washington   County. 


68 


STATUTES  RELATING  TO  ELECTIONS. 


Republican  Candidates  for  Nomination  for  District  and  County  Offices. 


For   Prosecuting    Attorney 


Vote  for  ONE 


28     William  S.  Stokes  of  Multnomah  County^ 
2~9 Charles  P.   Swlnsr  of  MultnCHnah  County. 


For  Judge  of  Circuit  Court 


Vote  for  ONE 


30  Amos   Strong  of   Multnomah   County. 

31  Christian    Thompson    of  Iviultnomah    County. 


Vote  for  ONE 


For  Joint  Senator  Clackamas  and  Multnomah  Counties  

32  George  ~J.    McCall   of    Clackamas   County. 

33  William   T.    Merry   of  Multnomah   County.  

For  Joint  Representatives  Multnomah  and  Clackamas  Counties  Vote  for  ONE 

34  Francis  A.  Terrell  of  Multnomah  County. 

35  Frank  Wilson  of   Multnomah  County.  


For  State  Senator  from  Multnomah  County 


Vote  for  ONE 


36     Albert    Wheatly. 


37     Samuel    Wilton. 


For   Representatives   from   Multnomah   County 


Vote  for  TWELVE 


38  Wilbur  Able,  promises  to  vote  for  people's  choice  for  United  States  Senator. 

39  William   A.    Adams. 

40  Orton    Anderson. 


41 


Frank   Alger,   will   not  promise   to   vote   for   people's   choice   for   United 
States   Senator. 


42     Elton   Ankeny. 


43 


Samson  Ashley,  favors  State  monopoly  sale  of  liquors  on  South  Carolina 
dispensary  plan. 


44     Wilson    Atterbury. 


45     Angus    Bailey. 


46     Washington    Baird. 


47     Fred   K.    Ball. 
48" 


49     Chris  Barton. 


50     John   P.    Bascom. 
51 FranklirFB.    BellT 


For    County   Judge    of   Multnomah    County 
5  2      Simon   A.   Bennett!"" 


Vote  for  ONE 


53     Edward    S.    Bonahan. 


For  Sheriff  of  Multnomah   County 


Vote  for  ONE 


54     Peter    Booth. 


55      Ben    F.    Boutwell. 


For  Clerk  of  Circuit   Court  of  Multnomah  County 


Vote  for  ONE 


56     Orrin    Buckner. 


57     Warren   Burleigh. 


For  Clerk   of   County   Court   of  Multnomah   County 


Vote  for  ONE 


58  Henry    Butcher. 

59  Phil  Byrne. 


STATUTES  RELATING  TO  ELECTIONS. 

69 

For   Recorder    of    Conveyances    for   Multnomah    County 

Vote  for  ONE 

60     Francis    P.    Calhoun. 

61     Hiram  Cannot. 

For   County    Treasurer   of   Multnomah    County 

Vote  for  ONE 

62     William   E.    Carroll. 

63      Frank   C.    Carter. 

For  Assessor   of   Multnomah   County 

Vote  for  ONE 

64     Oliver    O.    Chadwick. 

65      Walter    S.    Simpson. 

For    School    Superintendent    of    Multnomah    County 

Vote  for  ONE 

66     Julius   C.   Coburn. 

67     Darron    C.    Comstock. 

For   County   Surveyor   of   Multnomah    County 

Vote  for  ONE 

68     Jerry    O.    Cook. 

69    .Lucius   P.    Copeman. 

For    Coroner    of    Multnomah    County 

Vote  for  ONE 

70      Ellerton    C.    Corfman. 

71     Amos    E.    Cox. 

For  County  Commissioner  of  Multnomah  County 

Vote  for  ONE 

72      Silas    Grafter. 

73      John    Q.    Croker. 

Republican   Candidates    for    Nomination   to   City   and   Precinct   Offices. 

For  Mayor  of  Portland  Vote  for  ONE 

74  John    Daley    of    Tenth" Ward. 

75  Roderick  Davis  of  Sixth  Ward. 

For  Municipal  Judge   of  Portland.  Vote  for  ONE 

76  Abraham    Kinto   of   Fourth   Ward. 


77      Harrison   Knight  of  Third  Ward. 


For  City  Attorney  of  Portland  Vote  for  ONE 


78     Edward    H.    Kohler    of   First   Ward. 


79      Sidney   Phillips   of   Eighth   Ward. 


For  City  Auditor  of  Portland  Vote  for  ONE 

80  Anton  Kuhn  of  Fifth  Ward. 

81  Charles   A.   LaymTof   Eleventh  Ward.  ~  ' 
For  City   Treasurer  of  Portland                                                                         Vote  for  ONE 

82  Wade~~0.   Latimer  of  "Ninth  Ward. 

83  Wilson   F.   Learned  of   Seventh  Ward. 

For   City  Engineer  of  Portland  Vote  for  ONE 

8 4  Worden    Q^  "Lockwood    of    Fourth   Ward. 


85      Otto   R.    Shields   of   First   Ward. 


For    Councilman,    Seventh    Ward  Vote  for  ONE 

86     Alderson    Mason    6f~  Seventh    Ward. 


James   Mayer   of    Seventh   Ward. 


70  STATUTES  RELATING  TO  ELECTIONS. 

For   Justice    of    the    Peace  Vote  for  ONE 

88     Albert    O.    Marsh~of~Multnomah    County. 


89     Wills    McLean    of    Multnomah    County. 


For    Constable  Vote  for  ONE 


90     Horace   Mercher   of   Multnomah   County. 


91     Frederick    H.    Miller    of    Multnomah    County. 


Republican  Candidates,  for  election  for  County  Central  Committeeman 

from    South   Portland   Precinct  Vote  for  ONE 

9~2 Franklin    P.    Smith   of   Multnomah   County. 

93  Wash    C.    Squires    of    Multnomah    County. 

94  Martin   O.    Swingerton   of   Multnomah   County. 

Section  1.  In  every  case  when  five  or  more  persons  are 
candidates  for  nomination  for  the  same  office  except  a  precinct 
office  at  a  direct  primary  election  the  number  of  ballot  forms 
required  shall  be  divided  into  sets  equal  to  the  greatest  number 
of  candidates  for  any  one  office  on  said  ballot  and  the  names 
of  said  candidates  with  their  respective  numbers  for  each  office 
where  the  number  of  said  candidates  is  equal  to  five  or  more 
shall,  beginning  with  a  form  arranged  in  alphabetical  order 
as  provided  in  Section  3371  of  Lord's  Oregon  Laws,  be  rotated 
by  removing  one  name  with  its  number  from  the  top  of  the 
list  for  each  office  and  by  placing  said  name  with  its  number 
at  the  bottom  of  said  list  for  each  successive  set  of  ballot 
forms.  As  nearly  as  possible  an  equal  number  of  ballots  of 
each  set,  which  shall  have  been  previously  "gathered"  shall  be 
delivered  to  each  election  precinct.  The  sample  ballots  now 
required  by  law  to  be  printed  previous  to  the  day  of  election, 
shall  be  printed  from  the  first  or  official  form  of  the  ballot 
only. 

Section  2.  If  any  person  employed  or  authorized  to  print 
official  ballots,  or  any  person  employed  in  printing  the  same, 
shall  give  or  deliver,  or  knowingly  permit  to  be  taken  any  of 
said  ballots  by  any  person  other  than  the  official  under  whose 
direction  such  ballots  are  being  printed,  or  if  any  person  shall 
knowingly  print,  or  cause,  or  permit  to  be  printed  any  ballot 
in  any  other  form  than  the  one  prescribed  herein,  or  with 
any  other  names  thereon,  or  with  the  name  or  names  spelled, 
or  the  names  of  the  candidates  arranged  in  any  other  way 
than  that  authorized  by  this  act  and  directed  by  said  official, 
or  if  the  official  charged  by  law  with  the  duty  of  distributing 
said  ballots,  or  any  persons  acting  for  him,  shall  knowingly 
distribute  or  cause  to  be  distributed  any  of  said  ballots  in 
any  other  manner  than  as  herein  required,  he  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  county  jail  for  a  term  of  not  less  than 
three  months  nor  more  than  one  year,  or  by  a  fine  of  not  less 


STATUTES  RELATING  TO  ELECTIONS.  71 


than  $250,  nor  more  than  $1,000,  or  both,  at  the  discretion  of 
the  court.      [L.   1911,  Chap.  252.] 

§   3372.      Official  Ballots  and  Sample  Ballots  to  Be  Furnished. 

There  shall  be  provided  and  furnished  at  each  primary 
nominating:  election  for  each  election  precinct  for  each  voter 
duly  registered  therein  as  a  member  of  a  party  subject  to  the 
provisions  of  this  law,  when  the  registration  books  are  first 
closed  as  recmired  by  Section  3452,  at  least  two  official  ballots 
intended  to  be  voted,  and  a  like  number  of  the  colored  sample 
ballots.  The  sample  ballots  shall  be  duplicate  impressions  of 
the  official  ballots  to  be  voted,  but  in  no  case  shall  they  be 
white  or  colored  any  shade  of  blue  or  yellow,  nor  shall  the 
sample  ballots  have  perforated  stubs,  nor  shall  they -have  the 
same  margin,  either  at  the  top  or  sides  or  bottom,  as  the  official 
voting  ballots  have,  or  nearer  thereto  than  twelve  points. 
These  colored  sample  ballots  shall  be  furnished  as  soon  as 
printed,  at  any  time  before  the  primary  nominating  election 
by  the  respective  county  or  city  clerks,  in  reasonable  quantities 
to  all  electors  applying  for  the  same,  and  on  the  day  of  said 
election,  under  the  direction  and  control  of  the  judges  at  each 
polling  place,  said  colored  sample  ballots  shall  be  given  in 
proper  quantities  to  all  electors  applying  for  them. 

§   3373.      Vacancies   and   Cancellations — Ballot  Boxes   and   Supplies. 

The.  provisions  of  Sections  3396  to  3402,  inclusive,  shall 
apply  to  and  are  hereby  made  applicable  to  primary  nom- 
inating elections  under  this  law,  as  far  as  the  same  are  not 
in  conflict  with  this  law. 

§   3374.      Method  of  Voting. 

Any  person  desiring  to  vote  shall  give  his  name  and  his 
residence  and  political  party  to  the  first  of  the  election  clerks, 
which  clerk  shall  not  be  of  the  same  political  party  as  the 
chairman,  who  shall  thereupon  announce  the  name  and  resi- 
dence and  party  distinctly,  and  write  in  the  poll  book  kept  by 
him  the  name  and  residence  and  party  of  the  elector  and  the 
word  "State,"  or  "State  and  District,"  if  he  is  qualified  to  vote 
for  such  officers  only,  and  also  write  the  name  and  residence  of 
the  elector,  and,  if  proper,  the  word  "State,"  or  "State  and  Dis- 
trict," with  pen  and  ink  upon  the  back  of  one  of  the  stubs 
upon  one  of  the  voter's  political  party  official  ballots  provided 
under  this  act;  the  clerk  shall  then  with  pen  and  ink  write 
the  number  of  the  elector  upon  the  back  of  each  of  the  two 
stubs  upon  said  ballot;  he  shall  so  number  the  stubs  upon 
each  ballot  to  correspond  with  the  numbers  of  the  electors  in 
the  poll  book,  beginning  with  number  1  for  the  first  elector 


72  STATUTES  RELATING  TO  ELECTIONS. 

applying  to  vote,  number  2  for  the  second  elector,  and  so  on, 
and  he  shall  then  tear  off  the  stub  upon  which  he  wrote  the 
elector's  name.  The  clerk  shall  then  deliver  the  ballot,  with 
the  remaining  stub  still  attached  thereto,  to  the  elector.  The 
said  clerk  shall  give  the  elector  one  of  said  voter's  political 
party  official  ballots  and  one  only.  The  clerk  shall  then,  at 
once,  and  before  issuing  another  ballot,  deliver  the  stub 
containing  the  name  and  number  of  the  elector  to  the  judges, 
who  shall  pass  it  to  the  second  clerk,  who  shall  immediately 
enter  the  number  in  the  poll  book,  and  the  name  and  resi- 
dence and  party  of  the  elector  opposite  thereto,  and  shall 
retain  the  stub  in  his  possession. 

§   3375.      Provisions  of  Election  Law  Applicable. 

The  provisions  of  Sections  3404,  3405,  3406,  3407,  3408, 
3409,  3410,  3411,  3412,  3413,  3414,  3415,  3416,  and  3424,  so 
far  as  the  same  are  not  in  conflict  with  and  are  not  modified 
by  this  law,  shall  apply  to  and  are  hereby  made  applicable 
to  primary  nominating  elections  under  the  provisions  of  this 
law;  provided,  that  the  words  "white  ballot,"  in  every  section 
adopted  from  said  codes  and  statutes,  shall,  when  applied  to 
said  primary  nominating  election,  be  understood  to  mean, 
as  to  each  political  party  nominating  its  candidates  at  such 
election,  the  official  voting  ballot  of  the  respective  political 
party  nominating  its  candidates  at  such  election,  the  official 
voting  ballot  of  the  respective  political  parties  for  that  primary 
nominating  election,  whether  such  ballot  be  white,  blue,  or 
yellow,  as  provided  in  Section  3370 ;  and  provided  further, 
that  the  Secretary  of  State,  in  furnishing  the  supplies  for 
the  primary  nominating  election,  as  provided  by  Section  3413, 
shall  also  furnish  a  sufficient  number  of  brass  clips,  or  other 
appropriate  fastenings,  to  fasten  together  the  ballots  of  each 
political  party  in  each  precinct,  as  required  by  Section  3355. 

§   3376.      Candidates  for  Senators  to  Be  Voted  For. 

At  all  general  primary  nominating  elections  next  preceding 
the  election  of  a  Senator  in  Congress  by  the  Legislature  of 
Oregon  there  shall  be  placed  upon  the  official  primary  nom- 
inating election  ballots,  by  each  of  the  county  clerks  and 
clerks  of  the  county  court,  the  names  of  all  candidates  for 
the  office  of  Senator  in  Congress,  for  whose  nominations 
petitions  have  been  duly  made  and  filed  under  the  provisions 
of  this  law,  the  votes  for  which  candidates  shall  be  counted 
and  certified  to  by  the  election  judges  and  clerks  in  the  same 
manner  as  the  votes  for  other  candidates;  and  records  of 
the  vote  for  such  candidates  shall  be  made  out  and  sworn  to 
by  the  board  of  canvassers  of  each  county  of  the  State  and 


STATUTES  RELATING  TO  ELECTIONS.  73 


returned  to  the  Secretary  of  State  at  the  same  time  and  in 
like  manner  as  they  shall  transmit  other  records  and  returns 
required  by  this  law. 

§   3377.      Canvass  and  Abstract  of  Votes. 

On  the  third  day  after  the  close  of  any  primary  nom- 
inating election,  or  sooner  if  all  the  returns  be  received, 
the  county  clerk,  taking  to  his  assistance  two  justices  of  the 
peace  of  the  county,  of  different  political  parties,  if  practi- 
cable, shall  proceed  to  open  said  returns  and  make  abstracts 
of  the  votes.  Such  abstracts  of  votes  for  nominations  for 
Governor  and  for  Senator  in  Congress  shall  be  on  one  sepa- 
rate sheet  for  each  political  party  and  shall  be  immediately 
transmitted  to  the  Secretary  of  State  in  like  manner- as  other 
election  returns  are  transmitted  to  him.  Abstracts  of  votes 
for  nominations  of  each  political  party  for  offices  to  be  voted 
for  in  the  State  at  large  and  in  districts  composed  of  one  or 
more  counties,  shall  be  on  a  sheet  or  sheets  separately  from 
each  political  party,  and  shall  be  forthwith  transmitted  to 
the  Secretary  of  State  as  required  by  Section  3378.  The 
abstracts  of  votes  for  county  and  precinct  offices  shall  be  on 
another  sheet  or  sheets  separately  for  each  political  party; 
and  it  shall  be  the  duty  of  said  clerk  immediately  to  certify 
the  nomination  for  each  party  and  enter  upon  his  register  of 
nominations  the  name  of  each  of  the  persons  having  the  high- 
est number  of  votes  for  nomination  as  candidates  for  county 
and  precinct  offices,  respectively,  and  to  notify  by  mail  each 
person  who  is  so  nominated;  provided,  that  when  a  tie  shall 
exist  between  two  or  more  persons  for  the  same  nomination  by 
reason  of  said  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  for  nomination  by  one  party  to  one 
and  the  same  office,  the  clerk  whose  duty  it  is  to  compare  the 
polls  shall  give  notice  to  the  several  persons  so  having  the 
highest  and  equal  number  of  votes  to  attend  at  the  office  of  the 
county  clerk,  at  a  time  to  be  appointed  by  said  clerk,  who  shall 
then  and  there  proceed  publicly  to  decide  by  lot  which  of  the 
persons  so  having  an  equal  number  of  votes  shall  be  declared 
nominated  by  his  party;  and  said  clerk  shall  forthwith  enter 
upon  his  register  of  nominations  the  name  of  the  person  thus 
duly  nominated  in  like  manner  as  though  he  had  received  the 
highest  number  of  votes  of  his  party  for  that  nomination. 
And  it  shall  be  the  duty  of  the  county  clerk  of  every  county,  on 
the  receipt  of  the  returns  of  any  general  primary  nominating 
election,  to  make  out  his  certificate  stating  therein  the  com- 
pensation to  which  the  judges  and  clerks  of  election  may  be 
entitled  for  their  services  and  lay  the  same  before  the  county 
court  at  its  next  term,  and  the  said  court  shall  order  the  com- 


74  STATUTES  RELATING  TO  ELECTIONS. 


pensation  aforesaid  to  be  paid  out  of  the  county  treasury.  In 
all  primary  nominating  elections  in  this  State,  under  the  pro- 
visions of  this  law,  the  person  having  the  highest  number  of 
votes  for  nomination  to  any  office  shall  be  deemed  to  have  been 
nominated  by  his  political  party  for  that  office.  [L.  1913, 
Chap.  204,  p.  392.] 

§  3378.     Abstracts  Sent  to  Secretary  of  State;  Canvass  by  State  Officers. 

The  county  clerk,  immediately  after  making  the  abstracts 
of  votes  given  in  his  county,  shall  make  a  copy  of  each 
of  said  abstracts  and  transmit  it  by  mail  to  the  Secre- 
tary of  State  at  the  seat  of  government;  and  it  shall  be  the 
duty  of  the  Secretary  of  State,  in  the  presence  of  the  Gov- 
ernor and  the  State  Treasurer,  to  proceed  within  30  days  after 
the  primary  nominating  election,  and  sooner  if  all  returns  be 
received,  to  canvass  the  votes  given  for  nomination  for  all 
officers  to  be  voted  for  by  the  people  of  the  State  or  of  any 
district  embracing  one  or  more  counties;  and  the  Governor 
shall  grant  a  certificate  of  nomination  to  the  person  having 
the  highest  number  of  votes  for  each  office  and  shall  issue  a 
proclamation  declaring  the  nomination  of  each  person  by  his 
party.  In  case  there  shall  be  no  choice  for  nomination  for  any 
office  by  reason  of  any  two  or  more  persons  having  an  equal 
and  the  highest  number  of  votes  of  his  party  for  nomination 
for  either  of  said  offices,  the  Secretary  of  State  shall  immedi- 
ately give  notice  to  the  several  persons  so  having  the  highest 
and  equal  number  of  votes  to  attend  at  the  office,  either  in 
person  or  by  attorney,  of  the  Secretary  of  State,  at  a  time  to 
be  appointed  by  said  Secretary,  who  shall  then  and  there  pro- 
ceed to  publicly  decide  by  lot  which  of  the  persons  so  having 
an  equal  number  of  votes  shall  be  declared  duly  nominated 
by  his  party;  and  the  Governor  shall  issue  his  proclamation 
declaring  the  nomination  of  such  person  or  persons  as  above 
provided.  [L.  1913,  Chap.  204,  p.  393.] 

§   3379.      Correction  of  Errors  or  Wrongful  Acts  by  Court. 

Whenever  it  shall  appear  by  affidavit  to  the  county  court 
or  judge  thereof,  or  to  the  circuit  court  or  judge  thereof, 
that  an  error  or  omission  has  occurred  or  is  about  to  occur  in 
the  printing  of  the  name  of  any  candidate  or  other  matter 
on  the  official  primary  nominating  election  ballots,  or  that  any 
error  has  been  or  is  about  to  be  committed  in  the  printing 
of  the  ballots,  or  that  the  name  of  any  person  or  any  other 
matter  has  been  or  is  about  to  be  wrongfully  placed  upon 
such  ballots,  or  that  any  wrongful  act  has  been  performed  or 
is  about  to  be  performed  by  any  judge  or  clerk  of  the  primary 
election,  county  clerk,  canvassing  board  or  member  thereof, 


STATUTES  RELATING  TO  ELECTIONS.  75 


or  by  any  person  charged  with  a  duty  under  this  act,  or  that 
any  neglect  of  duty  by  any  of  the  persons  aforesaid  has 
occurred  or  is  about  to  occur,  such  court  or  judge  shall  by 
order  require  the  officer  or  person  or  persons  charged  with 
the  error,  wrongful  act  or  neglect,  to  forthwith  correct  the 
error,  desist  from  the  wrongful  act,  or  perform  the  duty  and 
do  as  the  court  shall  order,  or  show  cause  forthwith  why  such 
error  should  not  be  corrected,  wrongful  act  desisted  from, 
or  such  duty  or  order  performed.  Failure  to  obey  the  order  of 
any  such  court  or  judge  shall  be  contempt.  Any  person  in 
interest  or  aggrieved  by  the  refusal  or  failure  of  any  person 
to  perform  any  duty  or  act  required  by  this  law  shall  with- 
out derogation  to  any  other  right  or  remedy  be  entitled  to 
pray  for  a  mandamus  in  the  circuit  court  of  appropriate  juris- 
diction, and  any  proceeding  under  the  provisions  of  this  law 
shall  be  immediately  heard  and  decided. 

§   3380.      Messenger  to  Be  Sent  for  Delayed  Returns. 

If  the  returns  and  abstracts  of  the  primary  nominat- 
ing election  of  any  county  in  the  State  shall  not  be 
received  at  the  office  of  the  Secretary  of  State  within  20  days 
after  said  election,  the  Secretary  of  State  shall  forthwith  send 
a  messenger  to  the  county  court  of  such  county,  whose  duty 
it  shall  be  to  furnish  said  messenger  with  a  copy  of  said 
returns,  and  the  said  messenger  shall  be  paid  out  of  the  county 
treasury  of  such  county  the  sum  of  20  cents  for  each  mile  he 
shall  necessarily  travel  in  going  to  and  returning  from  said 
county.  The  county  clerk,  whenever  it  shall  be  necessary  for 
him  to  do  so  in  order  to  send  said  returns  and  abstracts 
within  the  time  above  limited,  may  send  the  same  by  tele- 
graph, the  message  to  be  repeated,  and  the  county  shall  pay 
the  expenses  of  such  telegram.  [L.  1913,  Chap.  204,  p.  394.] 

§   3381.      Penalty  for  Wrongful  Acts  by  Officers. 

If  any  judge  or  clerk  of  a  primary  nominating  election,  or 
other  officers  or  persons  on  whom  any  duty  is  enjoined  by 
this  law,  shall  be  guilty  of  any  willful  neglect  of  such  duty, 
or  of  any  corrupt  conduct  in  the  discharge  of  the  same,  such 
judge,  clerk,  officer  or  other  person,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  nor  more  than  five  years,  or  by  imprison- 
ment in  the  county  iail  not  less  than  three  months  nor  more 
than  one  year,  or  by  fine  not  less  than  $100  nor  more  than  $500. 

§   3382.      Notice  of  Contest. 

Any  person  wishing  to  contest  the  nomination  of  any  other 
person  to  any  State,  county,  district,  township,  precinct,  or 


76  STATUTES  RELATING  TO  ELECTIONS. 


municipal  office  may  give  notice  in  writing  to  the  person 
whose  nomination  he  intends  to  contest  that  his  nomination 
will  be  contested,  stating  the  cause  of  such  contest  briefly, 
within  five  days  from  the  time  said  person  shall  claim  to  have 
been  nominated. 

§   3383.      How   Served   and  Hearing   Thereon. 

Said  notice  shall  be  served  in  the  same  manner  as  a  sum- 
mons issued  out  of  the  circuit  court  three  days  before  any 
hearing  upon  such  contest  as  herein  provided  shall  take  place, 
and  shall  state  the  time  and  place  that  such  hearing  shall  be 
had.  Upon  the  return  of  said  notice  served  to  the  clerk  of  the 
county  he  shall  thereupon  enter  the  same  upon  his  issue  docket 
as  an  appeal  case,  and  the  same  shall  be  heard  forthwith 
by  the  circuit  court;  provided,  that  if  the  case  cannot  be 
determined  by  the  circuit  court  in  term  time,  within  15  days 
after  the  termination  of  such  primary  nominating  election, 
the  judge  of  the  circuit  court  may  hear  and  determine  the 
same  at  chambers  forthwith,  and  shall  make  all  necessary 
orders  for  the  trial  of  the  case  and  carrying  his  judgment 
into  effect;  provided,  that  the  circuit  court  provision  of  this 
section  shall  not  apply  to  township  or  precinct  officers.  In 
case  of  contest  between  any  persons  claiming  to  be  nominated 
to  any  township  or  precinct  office,  said  notice  shall  be  served 
in  the  manner  aforesaid,  and  shall  be  returned  to  the  county 
court  of  the  county. 

§   3384.      Further  of  Contest. 

The  provisions  of  Sections  3428  and  3430,  so  far  as  the 
same  do  not  conflict  with  this  law,  shall  apply  to  and 
are  hereby  made  applicable  to  primary  nominating  elections 
held  under  the  provisions  of  this  law. 

§   3385.      Procedure  Thereon. 

Each  party  to  such  contest  shall  be  entitled  to  subpoenas, 
and  subpoenas  duces  tecum,  as  in  ordinary  cases  of  law;  and 
the  court  shall  hear  and  determine  the  same  without  the 
intervention  of  a  jury,  in  such  manner  as  shall  carry  into 
effect  the  expressed  will  of  a  majority  of  the  legal  voters  of 
the  political  party,  as  indicated  by  their  votes  for  such  nom- 
inations, not  regarding  technicalities  or  errors  in  spelling  the 
name  of  any  candidate  for  such  nomination;  and  the  county 
clerk  shall  issue  a  certificate  to  the  person  declared  to  be  duly 
nominated  by  said  court,  which  shall  be  conclusive  evidence 
of  the  right  of  said  person  to  hold  said  nomination ;  provided, 
that  the  judgment  or  decision  of  the  circuit  court  in  term  time, 
or  a  decision  of  the  judge  thereof  in  vacation,  as  the  case 


STATUTES  RELATING  TO  ELECTIONS.  77 


may  be,  may  be  removed  to  the  Supreme  Court  in  such  manner 
as  may  be  provided  for  removing  such  causes  from  the  circuit 
court  to  the  Supreme  Court ;  and  provided  further,  that  appeals 
may  be  taken  from  the  decision  of  the  county  court  to  the 
circuit  court,  in  all  of  which  cases  the  party  removing  any 
such  judgment  or  decision  by  appeal,  shall  file  in  the  proper 
court  a  bond  to  the  opposite  party,  in  such  sum  and  with  such 
sureties  as  shall  be  prescribed  by  a  judge  thereof,  conditioned 
for  the  payment  of  all  costs  that  may  be  properly  taxed 
against  them ;  and  provided  further,  that  on  any  such  appeal 
it  shall  be  advanced  on  the  docket  and  heard  and  decided  on 
appeal  soon  enough  to  place  the  name  of  the  successful  con- 
testant on  the  official  white  ballot  as  such  nominee  at  the 
ensuing  election,  and  said  courts  shall  make  the  necessary 
rules  to  accomplish  this  result. 

§   3386.      Statement  of  Party  on  Registration. 

In  addition  to  the  facts  to  be  stated  by  the  elector  and 
registered  by  the  provisions  of  Sections  3448,  3449,  and  3453, 
every  elector  shall  be  asked  by  the  clerk  or  other  registering 
officer  of  what  political  party  or  voluntary  political  organiza- 
tion he  is  a  member,  and  it  shall  be  the  elector's  duty  to 
answer  said  question  if  he  wishes  to  take  part  in  making 
the  nominations  of  any  political  party,  and  his  answer  shall 
then  and  there  be  entered  in  the  register  in  the  column  headed 
"Remarks,"  and  such  answer  shall  also  be  a  part  of  the 
affidavit  entitled  "Oregon  Registration  Blank  A,"  when  such 
blank  is  used  in  the  registration.  If  the  elector  shall  answer 
that  he  is  not  a  member  of  any  political  party  or  voluntary 
political  organization,  the  clerk  or  registering  officer  shall 
enter  the  fact  in  said  column  headed  "Remarks,"  and  in  said 
affidavit  when  the  same  is  used,  and  if  he  shall  decline  to 
answer,  the  officer  shall  enter  such  refusal.  In  entering  the 
answer  in  the  register  as  to  the  political  party  or  affiliation 
of  the  elector,  it  shall  be  sufficient  to  designate  the  political 
party  by  the  first  syllable  of  the  first  word  of  its  name,  as 
"Rep."  for  Republican,  "Dem."  for  Democrat,  "Soc."  for 
Socialist,  "Pro."  for  Prohibition,  "Ind."  for  Independent,  and 
"Non."  for  nonpartisan  or  no  party.  No  elector  shall  be 
qualified  to  vote,  nor  permitted  to  vote  at  any  such  primary 
nominating  election  required  by  this  law,  and  it  shall  be  unlaw- 
ful for  him  to  offer  to  do  so,  unless  he  shall  be  registered, 
as  above  required,  as  a  member  of  one  of  the  political  parties 
choosing  and  nominating  its  candidates  for  public  office  under 
the  provisions  of  this  law  at  such  primary  nominating  elec- 
tion. Every  qualified  elector  offering  to  vote  at  any  such 
primary  nominating  election  shall  be  given  a  ballot  of  the 


78  STATUTES  RELATING  TO  ELECTIONS. 


political  party  with  which  he  is  registered  as  a  member,  as 
above  required,  and  he  shall  not  be  given  a  ballot  of  any 
other  political  party  at  that  primary  nominating  election; 
provided,  that  nothing  in  this  law  shall  be  construed  to 
deprive  any  elector  of  the  right  to  register  and  vote  at  any 
primary  nominating  election  required  by  this  law,  on  his 
complying  with  the  special  provisions  of  this  law,  in  the  same 
manner  that  he  is  permitted  by  the  general  laws  to  register 
and  vote  at  a  general  election. 

§   3387.      Provisions  of  Election  Law  Applicable. 

The  provisions  of  Sections  3450,  3451,  3453,  3454,  3455, 
3457,  3458,  3459,  and  3461,  shall  apply  to  and  are  hereby 
made  applicable  to  primary  nominating  elections  held  under 
the  provisions  of  this  law,  so  far  as  they  are  not  in  conflict 
herewith. 

§   3388.      Same. 

The  provisions  of  Sections  3462,  3463,  3464,  3465,  3466, 
and  3467  shall  apply  to  and  are  hereby  made  applicable  to 
primary  nominating  elections  held  under  this  law,  so  far  as 
they  are  not  in  conflict  herewith. 

§   3389.      Election  and  Duties  of  Party  Committees. 

There  shall  be  elected  by  each  political  party  subject  to 
this  law  at  said  primary  nominating  election  a  committeeman 
for  each  election  precinct,  who  shall  be  a  resident  of  such 
precinct.  The  committeeman  thus  elected  shall  be  the  repre- 
sentative of  his  political  party  in  and  for  such  precinct  in  all 
ward  or  subdivision  committees  that  may  be  formed.  The 
committeeman  elected  in  each  precinct  in  each  county  shall 
constitute  the  county  central-  committee  of  each  sail  respective 
political  parties.  Those  committeemen  who  reside  within  the 
limits  of  any  incorporated  city  or  town  shall  constitute  ex 
constitute  the  county  central  committee  of  each  said  respective 
political  parties,  and  shall  have  the  same  powers  and  juris- 
diction as  to  the  business  of  their  several  parties  in  such  city 
matters  that  the  county  committee  has  in  county  matters,  save 
only  the  power  to  fill  vacancies  in  said  committee,  which 
power  is  vested  in  the  county  central  committee.  Each  com- 
mitteeman shall  hold  such  position  for  the  term  of  two  years 
from  the  date  of  the  first  meeting  of  said  committee  immedi- 
ately following  their  election.  In  case  of  a  vacancy  happen- 
ing on  account  of  death,  resignation,  removal  from  the  pre- 
cinct, or  otherwise,  the  remaining  members  of  said  county 
committee  may  select  a  committeeman  to  fill  the  vacancy  and 
he  shall  be  a  resident  of  the  precinct  in  which  the  vacancy 


STATUTES  RELATING  TO  ELECTIONS.  79 


occurred.  Said  county  and  city  central  committees  shall  have 
the  power  to  make  rules  and  regulations  for  the  government 
of  their  respective  political  parties  in  each  county  and  city, 
not  inconsistent  with  any  of  the  provisions  of  this  law,  and 
to  elect  the  county  members  of  the  State  central  committee 
and  of  the  congressional  committee,  and  said  committees  shall 
have  the  same  power  to  fill  all  vacancies  and  make  rules  in 
their  jurisdiction  that  the  county  committee  has  to  fill  county 
vacancies  and  make  rules.  Said  county  and  city  central  com- 
mittees shall  have  the  power  to  make  nominations  to  fill 
vacancies  occurring  among  the  candidates  of  their  respective 
parties  nominated  for  city  or  county  offices  by  the  primary 
nominating  election,  where  such  vacancy  is  caused  by  death 
or  removal  from  the  electoral  district,  but  not  otherwise.  Said 
committees  shall  meet  and  organize  by  electing  a  chairman 
and  secretary  within  five  days  after  the  candidates  of  their 
respective  political  parties  shall  have  been  nominated.  They 
may  select  managing  or  executive  committees  and  authorize 
such  subcommittees  to  exercise  any  and  all  powers  conferred 
upon  the  county,  city,  State,  and  congressional  central  com- 
mittees respectively  by  this  law. 

§   3390.      Penalty   for   Wrongful   Acts   by   Candidates. 

If  any  candidate  for  nomination  shall  be  guilty  of  any 
wrongful  or  unlawful  act  or  acts  at  a  primary  nominating 
election  which  would  be  sufficient,  if  such  wrongful  or  unlaw- 
ful act  or  acts  had  been  done  by  such  candidate  at  the  regular 
general  election,  to  cause  his  removal  from  office,  he  shall, 
upon  conviction  thereof,  be  removed  from  office  in  like  manner 
as  though  such  wrongful  or  unlawful  act  or  acts  had  been 
committed  by  him  at  a  regular  general  election,  notwithstand- 
ing that  he  may  have  been  regularly  elected  and  shall  not  have 
been  guilty  of  any  wrongful  or  unlawful  act  at  the  election  at 
which  he  shall  have  been  elected  to  his  office. 

§   3391.      Provisions  of  Election  Law  Applicable. 

The  provisions  of  Sections  2055,  2056,  2057,  2058,  2059, 
2060,  2061,  2062,  2063,  2064,  2065,  2066,  2067,  and  2130  shall 
apply  to  and  are  hereby  made  applicable  to  primary  nom- 
inating elections  held  under  the  provisions  of  this  law. 

§   3392.      Ballots   Printed   and   Furnished  by   County   Clerk. 

The  county  clerk  of  each  county  shall  cause  to  be  printed, 
according  to  law,  all  the  ballots  required  under  the  provisions 
of  this  act,  and  shall  furnish  the  same  in  the  manner  herein- 
after provided  for  the  use  of  all  electors  in  the  county.  Ballots 
other  than  those  furnished  by  the  respective  county  clerks 


80  STATUTES  RELATING  TO  ELECTIONS. 

according  to  the  provisions  of  this  act  shall  not  be  used  or 
circulated  or  cast  or  counted  in  any  election  provided  for  in 
this  act. 

§   3393.      Directions  as  to  Ballots  and  Sample  Ballots. 

All  ballots  designed  to  be  voted  shall  be  printed  in  black  ink 
upon  a  good  quality  of  white  paper,  and  shall  be  alike  and  of 
the  same  size  in  the  same  county  at  the  same  election.  Dupli- 
cate impressions  of  the  same  shall  be  printed  upon  cheaper 
colored  paper,  so  as  to  be  readily  distinguished  from  the 
white  ballots.  These  colored  ballots  shall  be  used  solely  as 
sample  ballots  for  the  information  and  convenience  of  the 
voters,  and  shall  not  be  voted,  and  if  voted  shall  not  be  counted. 

§   3394.      Official  Ballot;  Arrangement  of  Candidates'  Names;  Form  Of. 

The  ballot  shall  be  styled  "Official  Ballot";  shall  state  the 
number  or  name  of  the  precinct  and  county  they  are  intended 
for,  and  the  date  when  the  election  is  to  be  held ;  shall  contain 
the  names  of  all  the  candidates  for  offices  to  be  filled  at  that 
election  whose  nominations  have  been  duly  made  and  accepted 
as  herein  provided,  and  who  have  not  died  or  withdrawn, 
and  shall  contain  no  other  names  of  persons  except  that  in 
the  case  of  electors  of  President  and  Vice-President  of  the 
United  States,  the  names  of  the  candidates  for  President  and 
Vice-President  may  be  added  to  the  party  or  political  desig- 
nation ;  the  name  of  each  person  nominated  shall  be  printed 
upon  the  ballot  in  but  one  place,  without  regard  to  how  many 
times  he  may  have  been  nominated,  but  there  shall  be  added 
opposite  thereto  the  party  or  political  designation,  expressed 
in  not  more  than  three  words  for  any  one  party,  as  specified 
in  each  of  the  certificates  of  nomination  nominating  him  for 
the  office,  and  which  he  has  accepted.  The  names  of  the 
candidates  for  each  office  shall  be  arranged  under  the  designa- 
tion of  the  office,  in  alphabetical  order,  according  to  surnames, 
except  that  the  names  of  candidates  for  the  offices  of  electors 
of  President  and  Vice-President  and  for  the  Senate  and  House 
of  Representatives  shall  be  arranged  in  groups,  as  presented 
in  the  several  certificates  of  nomination.  There  shall  be  left 
at  the  end  of  the  list  of  candidates  for  each  different  office 
blank  spaces,  in  which  the  elector  may  write  the  name  of 
any  person  not  printed  on  the  ballot  for  whom  he  desires  to 
vote  as  a  candidate  for  such  office.  On  the  left  margin  of  the 
ballots  the  name  of  the  uppermost  candidate  as  printed  shall 
be  numbered  12,  the  next  candidate  13,  the  next  14,  and  so 
on  consecutively  to  the  end  of  the  ballot.  The  blank  lines 
shall  not  be  numbered.  Whenever  the  approval  of  a  constitu- 
tional amendment  or  other  question  is  submitted  to  the  vote 


STATUTES  RELATING  TO  ELECTIONS.  81 


of  the  people,  such  questions  shall  be  printed  upon  the  ballot 
after  the  list  of  candidates,  and  each  answer  shall  be  num- 
bered on  the  left  margin,  as  in  the  case  of  names  of  candidates. 
Each  ballot  shall  have  along  the  top  thereof  a  stub  one  and 
one-half  inches  wide,  perforated  along  the  lower  edge  thereof ; 
on  the  left  half  of  the  stub  shall  be  printed  the  words,  "Stub 
to  be  torn  off  by  the  chairman, "  and  on  the  right  half,  "Stub 
to  be  torn  off  by  the  first  clerk."  The  colored  or  sample  bal- 
lots need  not  be  perforated.  Immediately  below  the  perforated 
line  shall  be  printed,  in  capitals,  these  words,  "Official  ballot 

for-        —Precinct,-      — County,  June ,  19 — ."     Under 

this  caption  shall  be  printed,  in  bold-faced  type,  the  words, 
"Mark  between  the  number  and  name  of  each  candidate  or 
answer  voted  for."  Below  this  shall  be  printed  in  the  man- 
ner aforesaid — 

1.  The  candidates  for  State  offices ; 

2.  For  district  and  county  offices; 

3.  For  precinct  offices; 

4.  For  other  offices  or  constitutional  amendments  or  ques- 
tions submitted  to  a  vote  of  the  people. 

The  ballots  shall  be  printed  so  as  to  give  each  elector  a  clear 
opportunity  to  designate  his  choice  of  candidates  and  his 
answer  to  the  questions  submitted  by  making  a  mark  to  the 
left  of  the  name  of  the  candidate  he  wishes  to  vote  for,  for 
each  office,  or  to  the  left  of  the  answer  he  wishes  to  make 
to  each  question  submitted;  and  on  the  ballot  may  be  printed 
such  words  as  will  aid  the  elector  to  do  this,  as  "Vote  for  one," 
"Vote  for  three,"  "Yes,"  "No,"  and  the  like.  The  ballot  shall 
be  of  sufficient  length  and  width  to  permit  this  to  be 
properly  done.  The  white  ballot  shall  be  arranged  and  printed 
in  substantially  the  following  form: 


82 


STATUTES  RELATING  TO  ELECTIONS. 


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STATUTES  RELATING  TO  ELECTIONS. 


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STATUTES  RELATING  TO  ELECTIONS. 


85 


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86  STATUTES  RELATING  TO  ELECTIONS. 

§   3395.      Margin   of   White   Ballots — Difference   Between,   and   Sample 
Ballots. 

There  shall  be  provided  and  furnished  for  each  election 
precinct  not  less  than  two  white  ballots  for  each  vote  cast  in 
such  election  precinct  at  the  general  election  next  preceding, 
and  a  like  number  of  the  colored  or  sample  ballots.  The 
colored  or  sample  ballots  shall  be  duplicate  impressions  of  the 
white  ballots,  but  without  perforated  stubs,  but  in  printing 
the  white  ballots  the  printer  shall,  every  one  hundred  sheets, 
shift  either  the  paper  guides  or  the  form  so  there  will  be  a 
difference  of  not  less  than  twelve  points  nor  more  than  seventy- 
two  points,  or  about  one  inch,  in  the  margin  of  the  white 
ballots  between  the  different  hundreds  of  sheets;  and  none  of 
the  white  ballots  shall  have  the  some  margin,  either  at  the 
top  or  sides  or  bottom,  as  the  colored  ballots  have,  or  nearer 
thereto  than  twelve  points.  These  colored  or  sample  ballots 
shall  be  furnished  as  soon  as  printed,  at  any  time  before  the 
election,  by  the  respective  county  clerks,  in  reasonable  quanti- 
ties, to  all  electors  applying  for  the  same;  and  on  the  day  of 
the  election,  under  the  direction  and  control  of  the  judges  at 
each  polling  place,  the  sample  ballots  shall  be  given  in  reason- 
able and  proper  quantities  to  all  electors  applying  for  them. 

§   3396.      Vacancy  After  Printing  Ballots. 

When  any  vacancy  occurs  by  death  or  withdrawal  aforesaid, 
and  after  the  printing  of  the  ballots,  any  person  or  persons 
are  nominated,  as  aforesaid,  to  fill  such  vacancy,  the  county 
clerk  shall,  a  sufficient  time  before  the  election,  cause  to  be 
prepared  and  printed,  according  to  law,  upon  cards  of  instruc- 
tion, arranged  in  the  manner  herein  required  for  the  ballots, 
the  names  and  information  concerning  such  candidates  so 
nominated  to  fill  such  vacancies  caused  by  death  or  with- 
drawal; one  of  such  cards,  certified  by  the  county  clerk,  shall 
be  posted  and  kept  posted  in  plain  view  in  each  compartment 
or  place  provided  for  preparing  the  ballots  in  each  polling 
place,  and  the  same  shall  also  be  posted  in  the  county  clerk's 
office  from  the  time  the  same  is  prepared  until  after  the 
election. 

§   3397.      Cancellation  of  Names  on  Printed  Ballots. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
cause  the  name  of  each  nominee  who  has  thus  withdrawn  or 
died  to  be  canceled  upon  the  white  ballots,  and  also  the  colored 
ballots,  before  they  are  given  out  to  the  electors.  If  said 
ballots  have  been  already  forwarded  to  the  several  election 
precincts,  the  county  clerks  shall,  if  there  is  time,  certify  the 
matter  to  the  judges  of  the  several  election  precincts,  and  then 


STATUTES  RELATING  TO  ELECTIONS.  87 

it  shall  be  the  duty  of  the  judges  of  such  election  precincts, 
in  accordance  with  such  certification,  to  see  that  the  name  of 
each  candidate  who  has  thus  withdrawn  or  died  is  canceled 
upon  the  white  and  colored  ballots  before  they  are  given  out 
to  the  electors.,  and  also  that  such  cards  of  instruction,  or  lists 
of  the  candidates  nominated  to  fill  such  vacancy,  are  duly 
posted  in  each  compartment  or  place  provided  for  preparing 
the  ballots,  before  the  ballots  are  given  out  to  the  electors. 

§   3398.      Ballot   Boxes,   How   Provided   and  Used. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county 
to  provide  for  each  election  precinct  within  such  county,  one 
large  and  one  smaller  ballot  box  or  pouch,  the  larger  one 
of  which  shall  be  used  for  the  reception  of  all  general 
ballots  deposited  and  the  smaller  one  for  all  ballots  cast 
only  for  State  or  district  officers.  Said  larger  boxes  or 
pouches  shall  be  marked  "General"  and  the  smaller  "State 
and  District"  respectively.  Each  of  such  ballot  boxes  shall 
be  provided  with  a  lid  fastened  with  hinges  and  a  good  lock 
and  key.  The  lid  shall  form  the  top  of  the  box  and  contain 
an  opening  or  slot  five  inches  long  and  one-quarter  of  an  inch 
wide  for  the  reception  of  ballots.  Each  of  such  ballot  boxes 
[or  pouches]  shall  be  of  strong  leather  or  canvas  and  provided 
with  a  good  lock  and  key.  In  the  top  of  each  of  such  ballot 
pouches,  there  shall  be  a  slot  five  inches  long  and  one-quarter 
of  an  inch  wide  for  the  reception  of  ballots.  All  ballots  cast 
by  electors  entitled  to  vote  for  all  the  officers  to  be  elected 
at  the  general  election  shall  be  deposited  in  the  box  or  pouch 
marked  "General" ;  all  ballots  cast  by  electors  qualified  only 
to  vote  for  State  or  State  and  district  officers  shall  be  deposited 
in  the  box  or  pouch  marked  "State  and  District."  [Laws  1913, 
Chap.  222,  p.  410.] 

§   3399.      Election    Supplies   Furnished. 

A  sufficient  time,  and  not  less  than  five  days  before  the 
opening  of  the  polls  at  any  election  provided  for  in  this  act, 
the  county  clerk  of  each  county  in  which  the  election  is  to  be 
held  shall  deliver  to  the  sheriff  of  the  county  for  use  at  each 
polling  place  in  the  county— 

1.  The  proper  number  of  ballots  required  for  such  polling 
place,  prepared  and  printed  as  provided  in  this  act; 

2.  The  two  ballot  boxes  required  by  this  act; 

3.  Two  poll  books,  required  by  this  act; 

4.  One  copy  of  the  election  laws  of  this  State,  required  by 
this  act; 

5.  A  sufficient  number  of  tally  sheets,  required  by  this  act ; 

6.  A  sufficient  quantity  of  pens,  ink,  blotting  pads,  indelible 


88  STATUTES  RELATING  TO  ELECTIONS. 

copying  pencils,  needles  and  string  for  stringing  ballots  and 
stubs,  sealing  wax,  and  the  like,  necessary  and  convenient  for 
carrying  out  the  provisions  of  this  act. 

The  white  ballots  so  furnished  shall  be  in  a  package  by 
themselves,  and  the  package  shall  be  marked  on  the  outside 
"white  ballots,"  with  the  number  contained  in  the  package,  and 
the  package  shall  be  addressed  to  the  judges  of  the  polling 
place  for  which  it  is  intended,  and  the  package  shall  be  certi- 
fied by  the  clerk  and  sealed  under  the  seal  of  the  county  court 
of  the  county.  The  colored  or  sample  ballots  shall  likewise  be 
in  a  separate  package  by  themselves,  and  the  package  shall  be 
marked  on  the  outside  "colored  or  sample  ballots,"  with  the 
number  contained  in  the  package,  certified,  addressed,  and 
sealed.  The  poll  books,  tally  sheets,  and  copy  of  election  laws 
shall  likewise  be  done  up  in  a  package,  addressed  and  sealed. 
The  other  articles  shall  likewise  be  addressed.  The  county 
clerk  shall  keep  a  record  of  the  addresses  thereon,  the  con- 
tents of  the  packages  and  the  number  thereof. 

§   3400.      Sheriff  to  Receipt   for   Supplies. 

The  county  clerk  shall  prepare  a  receipt  in  duplicate  for 
each  polling  place,  enumerating  the  packages,  and  stating 
the  time  and  day  and  date  when  the  same  were  delivered 
by  him  to  the  sheriff.  The  sheriff  shall  sign  both  of  said 
receipts,  upon  receipt  of  the  packages ;  one  of  the  receipts 
shall  be  retained  by  the  clerk,  and  the  other  shall  be  delivered 
to  the  sheriff,  and  upon  receipt  of  the  packages,  the  judge  or 
judges  of  election  to  whom  they  are  delivered  shall  counter- 
sign said  receipt,  and  the  same  shall  forthwith  be  returned 
by  the  sheriff  and  filed  with  said  clerk. 

OF    POLLING    PLACES,    AND    PROVISISONS    FO   VOTING. 
§   3401.      Polling   Places — Arrangement   and   Provisions   For. 

The  sheriff  of  each  county,  under  the  direction  and  control 
of  the  county  court  of  the  county,  a  sufficient  time  and  not 
less  than  one  day  before  every  election  provided  for  in  this 
act,  shall  secure  the  use  of  and  take  possession  of  the  places 
designated  by  the  county  court  as  the  polling  places  in  the 
several  precincts  in  the  county;  he  shall  cause  the  same  to  be 
suitably  provided  with  a  guard  rail  so  constructed  and  placed 
that  only  such  persons  as  are  inside  said  rail  can  approach 
within  six  feet  of  the  ballot  boxes,  or  within  ten  feet  of  the 
compartments,  shelves,  or  tables  at  which  electors  are  to  pre- 
pare their  ballots  for  voting.  He  shall  furnish  in  the  manner 
directed  by  such  county  court,  a  sufficient  number  of  such 
compartments,  shelves,  or  tables  in  or  at  which  electors  may 


STATUTES  RELATING  TO  ELECTIONS.  89 


conveniently  prepare  their  ballots  for  voting,  so  that  in  the 
preparation  thereof  each  elector  may  be  screened  from  the 
observation  of  other  persons.  The  arrangement  shall  be  such 
that  neither  of  the  ballot  boxes  or  the  compartments,  shelves, 
or  tables,  or  the  electors  while  preparing  their  ballots,  shall  be 
hidden  from  view  of  those  just  outside  the  said  guard  rail, 
or  from  the  judges;  and  yet  the  same  shall  be  far  enough 
removed  and  so  arranged  that  the  elector  may  conveniently 
prepare  his  ballot  for  voting  with  absolute  secrecy.  There 
shall  be  provided  in  each  polling  place  not  less  than  one  such 
compartment,  shelf,  or  table  for  every  forty  electors  to  vote 
at  such  polling  place,  and  every  polling  place  shall  have  at 
least  three  of  such  compartments,  shelves  or  tables. 

§   34O2.      Judges    and    Clerks — How    Seated — Candidates    and    Agents 
May  Be  Present. 

The  sheriff  shall  likewise  arrange  in  or  near  by  each  polling 
place,  tables  and  chairs,  with  lights  and  fire,  if  needed,  for 
the  use  of  the  judges  and  clerks  in  counting  the  ballots.  The 
tables  and  chairs  shall  be  arranged  so  that  the  chairman  and 
second  judge  shall  sit  on  one  side  of  the  table,  with  the  ballot 
boxes  on  top  of  the  table  in  front  of  them.  Two  of  the  clerks 
shall  sit  on  the  opposite  side  of  the  table  facing  the  chairman 
and  second  judge.  The  third  clerk  shall  sit  at  the  end  of  the 
table  to  the  left  of  the  chairman.  The  third  judge  shall  sit  at 
the  other  end  of  the  table  to  the  right  of  the  second  judge.  The 
sheriff  shall  arrange  a  stout  guard  rail  two  feet  six  inches 
from  the  outer  sides  of  the  said  table,  and  just  back  of  the 
so  arranged  chairs  of  the  judges  and  clerks,  so  that  the  guard 
rail  will  entirely  inclose  the  board  of  judges  and  clerks  when 
seated  as  aforesaid,  and  shall  serve  to  keep  the  bystanders  off 
from  the  table  and  yet  not  prevent  them  overlooking  the 
judges  and  clerks  to  see  that  they  read  and  tally  the  ballots 
correctly.  The  candidates,  and  their  agents  duly  appointed 
as  provided  in  Section  3320,  are  hereby  declared  and  entitled 
to  be  present  in  the  room  where  the  ballot  boxes  are  from  the 
time  of  opening  of  the  polls  until  the  conclusion  of  the  count, 
and  the  returns  are  certified  and  sealed.  During  the  time 
for  voting,  no  person  other  than  the  judges  and  clerks  of 
election,  and  the  electors  admitted  as  herein  provided  for  the 
purpose  of  preparing  their  ballot  and  voting,  shall  be  admitted 
or  permitted  to  be  within  the  guard  rail  provided  for  in  Sec- 
tion 3401.  During  the  time  for  counting  the  ballots,  no  person 
other  than  the  judges  and  clerks,  and  candidates,  and  their 
agents  duly  appointed  as  provided  for  in  Section  3320,  shall  be 
allowed  to 'be  present  where  the  ballot  boxes  are  and  where  the 
count  is  being  conducted;  and  until  after  the  count  is  fully 


90  STATUTES  RELATING  TO  ELECTIONS. 


completed  and  the  returns  certified,  signed,  and  sealed,  they 
shall  not  be  admitted  or  permitted  to  be  inside  of  the  guard 
rail  provided  for  in  this  section. 

§   3403.      Entry  of  Voter's   Name  and  Delivery  of  Ballots. 

Any  person  desiring  to  vote  shall  give  his  name  and  his 
residence  to  the  first  of  the  election  clerks,  which  clerk  shall 
not  be  of  the  same  political  party  as  the  chairman,  who  shall 
thereupon  announce  the  name  and  residence  distinctly,  and 
write  in  the  poll  book  kept  by  him,  the  name  and  residence 
of  the  elector  and  the  word  "State"  or  "State  and  District," 
if  he  is  qualified  to  vote  for  such  officers  only,  and  also  write 
the  name  and  residence  of  the  elector,  and  if  proper,  the  word 
"State"  or  "State  and  District"  with  pen  and  ink  upon  the  back 
of  one  of  the  stubs  upon  one  of  the  white  ballots  provided 
under  this  act;  the  clerk  shall  then  with  pen  and  ink  write 
the  number  of  the  elector  upon  the  back  of  each  of  the  two 
stubs  upon  said  ballot;  he  shall  so  number  the  stubs  upon 
each  ballot  to  correspond  with  the  number  of  the  elector  in 
the  poll  book,  beginning  with  number  one  for  the  first  elector 
applying  to  vote,  number  two  for  the  second  elector,  and  so 
on,  and  he  shall  then  tear  off  the  stub  upon  which  he  wrote 
the  elector's  name.  The  clerk  shall  then  deliver  the  ballot, 
with  the  remaining  stub  still  attached  thereto,  to  the  elector. 
The  said  clerk  shall  give  the  elector  one  of  said  white  ballots, 
and  one  only.  The  clerk  shall  then,  at  once  and  before  issuing 
another  ballot,  deliver  the  stub  containing  the  name  find 
number  of  the  elector  to  the  judges,  who  shall  pass  it  to  the 
second  clerk,  who  shall  immediately  enter  the  number  in  the 
poll  book  and  the  name  and  residence  of  the  elector  opposite 
thereto,  and  shall  retain  the  stub  in  his  possession. 

§   3404.      Ballot,   How  Prepared   by   Voter — Delivery  to  Chairman. 

On  receipt  of  his  white  ballot  as  aforesaid,  the  elector  shall 
forthwith,  and  without  leaving  the  inclosed  space,  retire  alone 
to  one  of  the  compartments  or  places  provided,  and  shall  there 
prepare  his  ballot  by  marking  immediately  to  the  left  of  the 
name  of  the  candidate  of  his  choice  for  each  office  to  be  filled, 
or  by  writing  in  the  name  of  the  person  he  wishes  to  vote  for ; 
and  in  case  of  a  constitutional  amendment  or  other  question 
submitted  to  the  vote  of  the  people,  by  marking  immediately 
to  the  left  the  answer  he  desires  to  make,  which  shall  be  done 
with  an  indelible  "copying"  pencil.  Before  leaving  the  com- 
partment or  place  provided,  the  elector  shall  fold  his  ballot  so 
that  the  face  thereof  shall  be  concealed,  without  displaying  the 
ballot  or  informing  any  person  how  he  has  prepared  it;  and 
he  shall  fold  the  ballot  so  that  the  remaining  stub  may  be 


STATUTES  RELATING  TO  ELECTIONS.  91 


readily  torn  off  without  exposing  the  contents  of  the  ballot  or 
marks  or  crosses  thereon.  He  shall  then  deliver  the  ballot  to 
the  chairman,  and  state  his  name  and  residence. 

§   3405.      Manner  of  Voting. 

Immediately  upon  receiving  the  ballot  from  the  elector,  the 
chairman  shall  repeat  the  name  and  residence  distinctly,  and 
shall  remove  the  remaining  half  of  the  stub  from  the  ballot 
without  exposing  the  contents  of  the  ballot  or  the  marks  or 
crosses  thereon,  and  pass  the  stub  to  the  second  clerk,  who 
shall  compare  it  with  its  counterpart  and  observe  that  the 
name  written  on  the  counterpart  corresponds  with  the  name 
given  by  the  person  voting.  If  no  objection  is  made  to  the 
elector,  and  the  judges  are  satisfied  that  the  elector  is  legally 
qualified,  according  to  the  constitution  and  laws  of  the  State, 
to  vote  for  all  offices  to  be  filled  at  that  election,  and  that  the 
ballot  presented  is  the  identical  white  ballot  received  by  the 
elector  as  aforesaid  from  the  first  clerk,  the  chairman  shall 
immediately  put  the  ballot  in  the  box  marked  "general," 
without  any  one  inspecting  or  seeing  the  names  written  or 
printed  or  the  crosses  or  marks  upon  the  ballot,  and  without 
unfolding  the  same ;  and  the  second  clerk  shall  enter  opposite 
the  name  and  number  of  the  elector  in  the  poll  book  the  word 
"voted,"  or  letter  "V,"  to  indicate  the  same. 

§   3406.      Voting  for  State  or  State  and  District  Officers. 

If  a  majority  of  the  judges  are  satisfied  the  elector  is  legally 
qualified  to  vote  in  that  precinct  only  for  "State"  officers,  the 
chairman  shall  immediately  write  with  pen  and  ink  upon  the 
back  of  the  ballot  the  word  "State"  and  sign  his  (the  chair- 
man's) initials  thereto;  if  the  elector  is  qualified  to  vote  for 
district  officers  also,  the  chairman  shall  write  as  aforesaid  the 
words  "State  and  District" ;  in  either  such  case  the  ballot  shall 
then  be  deposited  in  the  box  marked  "State  and  District,"  and 
the  clerks  shall  add  to  the  name  of  the  elector  upon  the  poll 
books  the  word  "State"  or  "State  and  District,"  as  the  case 
may  be.  The  elector  shall  then  immediately  pass  out  by  the 
way  indicated  by  the  judges. 

There  is  no  presumption  that  a  person  was  not  a  resident  of  a  precinct  where 
be  voted  because  he  did  not  vote  for  precinct  officers  though  his  ballot  was 
indorsed  "state,  county  and  district":  Van  Winkle  v.  Crabtree,  34  Or.  478: 
55  Pac.  831. 

$   3407.      Spoiling  and  Reissue  of  Ballots. 

If  any  elector  by  accident  or  mistake  spoils  his  ballot  so  that 
he  cannot  conveniently  vote  the  same,  he  may,  on  returning 
said  spoiled  ballot,  receive  another  in  place  thereof.  If  the 
elector  spoils  three  such  ballots,  it  shall  be  conclusive  evidence 


92  STATUTES  RELATING  TO  ELECTIONS. 

that  the  elector  is  unable  to  prepare  his  ballot  without  assist- 
ance, and  he  shall  request  the  assistance  of  two  of  the  judges 
to  prepare  one  for  him.  When  the  elector  spoils  a  ballot  and 
returns  the  same  to  the  first  clerk,  the  clerk  shall  write  upon 
the  stub  the  word  "spoiled,"  and  sign  his  initials  and  remove 
the  stub  from  the  ballot  and  immediately  pass  the  stub  to  the 
judges,  and  he  shall  then  immediately  destroy  the  spoiled 
ballot,  without  any  one  inspecting  its  contents,  and  issue 
another  to  the  elector  as  in  the  first  instance,  affixing  the  same 
name  and  number-  to  the  stubs  as  the  original  ballot. 

§   3408.      Destruction  of  Unused  Official  Ballots. 

No  person  shall  take  or  remove  any  white  ballot  from  the 
polling  place,  and  immediately  upon  the  closing  of  the  polls 
the  judges  shall  cause  all  the  white  ballots  remaining  unused 
to  be  immediately  destroyed  by  tearing  them  in  pieces  or  by 
burning  them. 

§   3409.      Preservation  of  Stubs. 

As  fast  as  electors  vote,  as  aforesaid,  the  second  clerk  shall 
string  the  mated  stubs  upon  a  strong  thread,  and  immediately 
upon  the  closing  of  the  polls  he  shall  securely  knot  together 
the  ends  of  the  thread  and  carefully  preserve  the  same. 

§   3410.      But   One   Person   in   Booth   at   One   Time. 

Not  more  than  one  person  at  one  time  shall  be  permitted  to 
occupy  any  one  compartment  or  place  provided  for  electors  to 
prepare  their  ballots,  and  no  person  shall  remain  in  or  occupy 
such  compartment  longer  than  may  be  reasonably  necessary 
to  prepare  his  ballot.  Every  elector  who  does  not  vote  any 
ballot  delivered  to  him  shall,  before  leaving  the  polling  place, 
return  such  ballot  to  the  first  clerk,  who  shall  write  upon  the 
stub  thereon  "not  voted,"  and  sign  his  initials  and  treat  the 
stub  and  ballot  in  the  same  manner  as  in  the  case  of  a  spoiled 
ballot,  and  both  clerks  shall  note  the  fact  upon  the  poll  books 
by  drawing  a  line  with  pen  and  ink  across  the  name  of  the 
person  and  writing  the  words  "not  voted." 

§   3411.      Assistance  in  Marking  Ballot. 

Any  elector  who  declares  to  the  chairman  that  he  cannot 
read  or  write,  or  that  by  blindness  or  other  physical  disability 
he  is  unable  to  prepare  his  ballot,  shall  upon  request,  receive 
the  assistance  of  two  of  the  judges  in  the  preparation  thereof, 
and  such  officers  shall  ascertain  his  wishes  and  prepare  his 
ballot  in  accordance  therewith,  and  such  officers  shall  there- 
after give  no  information  regarding  the  same.  The  chairman 
may,  in  his  discretion,  require  such  declarations  of  disability 


STATUTES  RELATING  TO  ELECTIONS.  93 


to  be  made  by  the  elector  under  oath.  Whenever  an  elector 
receives  assistance  in  this  manner,  the  second  clerk  shall  write 
upon  the  poll  book  opposite  the  name  of  the  elector  the  word 
"assisted,"  and  if  sworn,  also  "sworn."  In  preparing  his 
ballot  any  elector  shall  be  at  liberty  to  use  or  copy  any  colored 
or  sample  ballot,  provided  by  this  act,  which  he  may  choose 
to  mark  or  to  have  had  marked  in  advance,  to  assist  him  in 
marking  the  official  ballot. 

§   3412.      Giving  Information  as  to  Vote  or  Interfering  With  Voter — 
Penalty. 

Any  elector  who  shall  use  or  bring  into  the  polling  place  or 
carry  away  therefrom  any  unofficial  ballot  or  any  paper  or 
thing  bearing  any  resemblance  to  the  official  white  ballot  other 
than  said  colored  or  sample  ballot,  or  anything  which  will  show 
how  he  has  prepared  the  white  ballot,  or  any  elector  who  shall, 
except  as  herein  otherwise  provided,  allow  his  white  ballot  to 
be  seen  by  any  person  with  an  apparent  intention  of  letting  it 
be  known  how  he  is  about  to  vote,  or  mutilate  his  ballot,  or 
place  any  distinguishing  mark  upon  his  ballot,  whereby  the 
same  may  be  identified,  or  who  shall  make  a  false  statement  as 
to  his  inability  to  mark  his  ballot,  or  any  person  who  shall 
interfere,  or  attempt  to  interfere,  with  any  voter  when  inside 
said  inclosed  space,  or  when  marking  his  ballot,  or  who  shall 
endeavor  to  induce  any  voter  to  mark  his  ballot  in  a  particular 
way,  or  before  or  after  voting  to  show  or  explain  how  he  marks 
or  has  marked  his  ballot,  upon  conviction  shall  be  punished  by 
a  fine  of  not  less  than  $50  nor  more  than  $200. 

A  ballot  on  which  an  elector  wrote  in  the  space  appropriated  to  candidates 
the  name  of  a  person  for  whom  he  desired  to  vote,  such  person  not  being  a 
listed  candidate,  should  not  be  rejected  as  bearing  a  distinguishing  mark,  not- 
withstanding it  is  possible  that  the  name  so  written  may  afford  a  means  of 
identifying  the  voter ;  but  a  ballot  having  a  mark  "O.  K."  written  on  the  blank 
space  beneath  a  set  of  candidates  is  void  as  is  also  ballots  having  the  words 
"voted  for"  written  after  the  name  of  one  of  the  candidates,  in  addition  to  the 
required  voting  mark ;  so,  ballot  having  the  names  of  all  the  candidates  for  a 
certain  office  marked  out  and  then  one  of  such  names  written  in  the  blank 
space  left  for  extra  names,  cannot  be  counted  ;  nor  could  a  ballot  having  a  line 
drawn  through  the  name  of  each  candidate  of  one  party :  Van  Winkle  v.  Crab- 
tree,  34  Or.  462  (55  Pac.  831). 

§   3414.      Penalty  for  Interfering  AVith  Secrecy  of  Ballot. 

Any  officer  upon  whom  a  duty  is  imposed  by  this  act  who 
shall  disclose  to  any  person  the  name  of  any  candidate  for 
whom  any  elector  has  voted,  or  give  any  information  by  which 
it  can  be  ascertained  for  whom  any  elector  has  voted,  or  any 
judge  or  clerk  of  election  or  other  officer  about  the  polls  who 
shall  do  any  electioneering  on  election  day,  or  any  person  who 
shall  do  any  electioneering  on  election  day  within  any  polling 
place  or  within  fifty  feet  of  any  polling  place,  or  any  person 
who  shall  remove  any  white  ballot  from  any  polling  place 


94  STATUTES  RELATING  TO  ELECTIONS. 


before  the  closing  of  the  polls,  or  any  person  who  shall  know- 
ingly apply  for  or  receive  any  white  ballot  in  any  polling  place 
other  than  that  in  which  he  is  entitled  to  vote,  or  any  person 
who  shall  show  his  ballot  after  it  is  marked  to  any  person  in 
such  a  way  as  to  reveal  the  contents  thereof,  or  the  name  of 
the  candidate  or  candidates  for  whom  he  has  marked  his  bal- 
lot, or  any  person  (except  the  chairman  of  election)  who  shall 
receive  from  any  voter  the  ballot  prepared  for  voting,  or  any 
person  who  shall,  contrary  to  this  act,  ask  another  at  a  polling 
place  for  whom  he  intends  to  vote,  or  who  shall  examine  his 
ballot  or  solicit  the  voter  to  show  the  same,  or  any  elector 
who  shall  knowingly  receive  any  white  ballot  from  any  other 
person  than  one  of  the  election  clerks,  or  any  person  who  shall 
print  or  circulate  or  knowingly  have  in  his  possession  any 
imitation  of  the  official  white  or  colored  ballots,  or  any  per- 
son, other  than  a  clerk  of  the  election,  who  shall  deliver  any 
white  ballot  to  an  elector,  or  any  elector  who  shall  deliver  any 
ballot  to  the  chairman  to  be  voted  except  the  one  he  received 
from  the  first  election  clerk,  or  any  elector  or  any  one  who 
shall,  contrary  to  the  provisions  of  this  act,  place  any  mark 
upon  or  do  any  thing  to  his  or  any  white  ballot  by  which  it 
may  be  afterwards  identified  as  the  one  voted  by  any  par- 
ticular individual,  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  $50  and  not  more  than  $500,  or  by  imprison- 
ment in  the  county  jail  not  less  than  three  months  nor  more 
than  one  year,  or  both,  in  the  discretion  of  the  court. 

See  act  to  prevent  coercion  or  intimidation  of  voters  at  public  elections,  Sec- 
tions 2060,  2061. 

§   3415.      Penalty  for  Tampering  With  Ballots. 

Any  judge  or  clerk  of  election  who  shall  willfully  disregard 
any  of  the  provisions  of  this  act,  or  who  shall  negligently 
fail  to  enforce  any  of  the  provisions  of  this  act,  or  who  shall, 
in  the  counting  of  the  ballots  or  making  the  returns  thereof, 
willfully  disregard  any  of  the  directions  or  requirements  of 
this  act,  or  any  person  who  shall  willfully  or  fraudulently 
alter  or  destroy  any  white  ballot  cast  at  any  election  or  any 
of  the  returns  of  any  election  regulated  by  this  act,  or  who 
shall  introduce  among  the  genuine  ballots  a  fraudulent  ballot, 
or  any  person  who  shall  falsely  write  the  initials  of  the  chair- 
man or  any  writing  upon  the  ballot  or  ballot  stub  purporting 
to  be  written  by  the  clerk  or  chairman,  or  any  person  who 
shall  steal  any  of  the  ballots  or  returns,  or  willfully  or  fraud- 
ulently hinder  or  delay  the  delivery  of  any  of  the  election 
returns  to  the  county  clerk,  or  willfully  break  open  any  of 
such  sealed  returns  of  any  election  regulated  by  this  act, 
upon  conviction  shall  be  punished  by  imprisonment  in  the 


STATUTES  RELATING  TO  ELECTIONS.  95 

penitentiary  not  less  than  one  year  nor  more  than  three  years, 
or  by  fine  not  less  than  $500  nor  more  than  $2,000,  or  both 
such  fine  and  imprisonment. 

§   3416.      Mutilation  of  Election  Papers. 

Any  person  who  shall,  prior  to  or  during  an  election,  will- 
fully deface,  tear  down,  remove,  or  destroy  any  list  of  candi- 
dates or  other  notice  posted  in  accordance  with  the  provisions 
of  this  act,  or  who,  during  an  election,  shall  willfully  deface, 
tear  down,  remove,  or  destroy  any  card  of  instruction  or 
specimen  ballot  posted  under  the  provisions  of  this  act  for 
the  instruction  of  voters,  or  who  shall  deface,  tear  down, 
remove,  alter,  or  destroy  any  certificate  of  the  result  of  the 
election  posted  under  the  provisions  of  this  act,  or  who  shall, 
during  an  election  willfully  remove  or  destroy  any  of  the 
official  white  or  sample  ballots,  supplies,  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  or  who  shall 
willfully  break  the  seals  or  open  any  of  the  sealed  packages 
containing  any  of  the  supplies  for  the  polling  places  contrary 
to  the  provisions  of  this  act,  upon  conviction  shall  be  pun- 
ished by  a  fine  of  not  less  than  $50  nor  more  than  $500,  or 
by  imprisonment  in  the  county  jail  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court. 

§   3417.      Names  of  Candidates  for  United  States  Senate  to  Be  Placed 
on  Ballots. 

At  all  general  elections  next  preceding  the  election  of  a 
Senator  in  Congress  by  the  legislature  of  Oregon  there  shall 
be  placed  upon  the  official  ballot  by  each  of  the  county  clerks 
and  clerks  of  the  county  court  the  names  of  all  candidates 
for  the  office  of  Senator  in  Congress  that  have  been  nominated 
in  any  of  the  methods  now,  or  which  may  hereafter  be,  pro- 
vided by  law  for  the  nomination  of  State  officers  of  the  State 
of  Oregon,  the  votes  for  which  candidates  shall  be  counted 
and  certified  to  by  the  election  judges  in  the  same  manner  as 
the  votes  for  other  candidates;  and  records  of  the  vote  for 
such  candidates  shall  be  made  out  and  sworn  to  by  the  board 
of  canvassers  of  each  county  of  the  State  and  returned  to  the 
Secretary  of  State,  who  shall  transmit  duplicate  copies  of  such 
returns  to  the  legislative  assembly  at  its  next  ensuing  session, 
one  of  which  shall  be  addressed  to  the  senate  and  the  other  to 
the  house  of  representatives  of  the  State  of  Oregon,  one  copy 
of  which  shall  be  delivered  by  him  to  the  president  of  the 
senate  and  the  other  to  the  speaker  of  the  house  of  repre- 
sentatives, after  the  organization  of  such  bodies,  which  officers 
shall  open  and  lay  the  same  before  the  separate  houses  when 


96  STATUTES  RELATING  TO  ELECTIONS. 

assembled  to  elect  a  Senator  in  Congress  as  now  required  by 
law  of  Congress;  and  it  shall  be  the  duty  of  each  house  to 
count  the  votes  and  announce  the  candidate  for  Senator  hav- 
ing the  highest  number,  and  thereupon  the  house  shall  proceed 
to  the  election  of  a  Senator  as  required  by  the  act  of  Congress 
and  the  constitution  of  this  State. 

§   3418.      Legislators    Instructed    to    Vote    for    Senatorial    Candidates 
Securing  Plurality   of  Popular  Vote. 

We,  the  people  of  the  State  of  Oregon,  hereby  instruct  our 
representatives  and  senators  in  our  legislative  assembly,  as 
such  officers,  to  vote  for  and  elect  the  candidates  for  United 
States  Senator  from  this  State  who  receives  the  highest  num- 
ber of  votes  at  our  general  elections. 

COUNTING    BALLOTS    AND    DECLARING   RESULTS. 

§   3419.      County   Clerk   to   Open   Returns   and   to   Give   Certificate   for 
Compensation  of  Judges  and  Clerks. 

On  the  tenth  day  after  the  close  of  any  election,  or  sooner  if 
all  the  returns  be  received,  the  county  clerk,  taking  to  his 
assistance  two  justices  of  the  peace  of  the  county,  shall  proceed 
to  open  said  returns  and  make  abstracts  of  the  votes.  Such 
abstract  of  votes  for  Governor  shall  be  one  sheet,  and  shall  be 
transmitted  to  the  Secretary  of  State  separately,  as  provided 
in  Section  4,  Article  V  of  the  Constitution.  Such  abstract  of 
Secretary  of  State,  State  Treasurer,  State  Printer,  Justices  of 
the  Supreme  Court,  members  of  Congress,  judges  of  the  cir- 
cuit court,  and  district  attorneys,  shall  be  all  on  one  sheet ;  the 
abstract  of  the  votes  for  members  of  the  legislative  assembly 
shall  be  on  one  sheet ;  and  the  abstract  of  votes  for  county  and 
precinct  officers  shall  be  on  another  sheet;  and  it  shall  be  the 
duty  of  the  said  clerk  immediately  to  make  out  a  certificate  of 
election  to  each  of  the  persons  having  the  highest  number  of 
votes  for  members  of  the  legislative  assembly,  county  and 
precinct  officers,  respectively,  and  to  deliver  such  certificate  to 
the  person  entitled  to  it,  on  his  making  application  to  the  clerk 
at  his  office ;  provided,  that  when  a  tie  shall  exist  between  two 
or  more  persons  for  the  senate  or  house  of  representatives,  the 
county  clerk  shall  give  notice  to  the  sheriff  of  the  county,  who 
shall  immediately  advertise  another  election  for  such  offices, 
giving  at  least  ten  days'  notice ;  and  it  shall  be  the  duty  of  the 
county  clerk  of  such  county,  on  the  receipt  of  the  returns  of 
any  general  or  special  election,  to  make  out  his  certificate, 
stating  therein  the  compensation  to  which  the  judges  and 
clerks  of  election  may  be  entitled  for  their  services,  and  lay 
the  same  before  the  county  court  at  its  next  term,  and  the 


STATUTES  RELATING  TO  ELECTIONS.  97 


said  court  shall  order  the  compensation  aforesaid  to  be  paid 
out  of  the  county  treasury. 

§   3420.      Summary  of  Votes  to  Be  Entered  in  Election  Record. 

Upon  the  completion  of  the  canvass  of  the  votes  by  the 
county  board  of  canvassers  as  provided  in  Section  3419,  the 
county  clerk  shall  enter  in  a  book  to  be  kept  for  that  purpose 
and  known  as  the  "election  record,"  a  complete  summary  of 
all  the  votes  cast  in  his  county  for  all  offices  and  all  candidates 
for  such  offices,  and  for  all  measures  or  questions  voted  upon 
at  said  election,  and  shall  enter  in  said  election  record  the 
declaration  of  the  board  of  canvassers  showing  the  final 
decision  upon  any  office,  measure,  or  question,  when  such  final 
decision  is  based  upon  the  vote  of  the  county;  this  record  to 
be  signed  by  the  board  of  canvassers  and  attested  by  the  seal 
of  the  county. 

§   3421.      Lots    Drawn    in   Case   of   Tie. 

If  the  requisite  number  of  county  or  precinct  officers  shall 
not  be  elected,  by  reason  of  two  or  more  persons  having  an 
equal  and  the  highest  number  of  votes  for  one  and  the  same 
office,  the  clerk  whose  duty  it  is  to  compare  the  polls  shall  give 
notice  to  the  several  persons  so  having  the  highest  and  an 
equal  number  of  votes,  to  attend  at  the  office  of  the  county 
clerk  at  a  time  to  be  appointed  by  said  clerk,  who  shall  then 
and  there  proceed  publicly  to  decide  by  lot  which  of  the 
persons  so  having  an  equal  number  of  votes  shall  be  declared 
duly  elected ;  and  the  said  clerk  shall  make  and  deliver  to  the 
person  thus  declared  duly  elected  a  certificate  of  his  election 
as  hereinbefore  provided. 

S   3422.      Canvass    by    Secretary    of    State — Governor's    Certificate    and 
Proclamation. 

The  county  clerk,  immediately  after  making  the  abstract 
of  the  votes  given  in  his  county,  shall  make  a  copy  of  each 
of  said  abstracts,  and  transmit  it  by  mail  to  the  Secretary 
of  State,  at  the  seat  of  government,  and  it  shall  be  the  duty 
of  the  Secretary  of  State,  in  the  presence  of  the  Governor, 
to  proceed  within  thirty  days  after  the  election,  and  sooner 
if  the  returns  be  all  received,  to  canvass  the  votes  for  all 
candidates  for  all  offices  voted  for  in  the  State  at  large,  except 
for  Governor,  and  in  all  electoral  districts  composed  of  one 
or  more  counties,  and  the  Governor  shall  grant  a  certificate 
of  election  to  the  person  having  the  highest  number  of  votes, 


98  STATUTES  RELATING  TO  ELECTIONS. 


and  shall  also  issue  a  proclamation  declaring  the  election  of 
such  person.  In  case  there  shall  be  no  choice,  by  reason  of 
any  two  or  more  persons  having  an  equal  and  the  highest 
number  of  votes  for  either  of  such  offices,  the  Governor  shall 
by  proclamation  order  a  new  election  to  fill  said  offices. 
[Laws  1913,  Chap.  205,  p.  394.] 

§   3423.      Secretary,  AVhen  to  Send  for  Returns. 

If  the  returns  of  the  election  of  any  county  in  this  State 
shall  not  be  received  at  the  office  of  Secretary  of  State  within 
thirty  days  after  the  election,  the  Secretary  shall  forthwith 
send  a  messenger  to  the  county  court  of  such  county,  whose 
duty  it  shall  be  to  furnish  said  messenger  with  a  copy  of  such 
returns,  and  the  said  messenger  shall  be  paid  out  of  the  county 
treasury  of  the  said  county  the  sum  of  twenty  cents  for  each 
mile  he  shall  necessarily  travel  in  going  to  and  returning  from 
said  county. 

§  3424.     Votes  for  Assemblymen,  When  Returned. 

When  two  or  more  counties  are  united  in  the  same  senatorial 
or  representative  district,  the  return  of  votes  cast  for  joint 
senator  or  representatives  to  the  legislative  assembly  shall  be 
forwarded  by  the  county  clerk  of  each  county  to  the  Secretary 
of  State  in  like  manner  as  votes  cast  for  judges  of  the  Supreme 
Court  and  district  attorneys  are  now  required  by  law  to  be 
returned. 

§   3425.      Penalty  for  Official  Misconduct. 

If  any  judge  or  clerk  of  election,  or  any  other  person  in  any 
manner  concerned  in  conducting  the  election,  shall  corruptly 
violate  any  of  the  provisions  of  this  chapter,  he  shall  forfeit 
and  pay  to  the  county  a  sum  not  less  than  $50  nor  more  than 
$500,  to  be  recovered  by  a  civil  action  in  the  name  of  the 
county  court  of  the  proper  county.  In  all  elections  in  this 
State,  the  person  having  the  highest  number  of  votes  for  any 
office  shall  be  deemed  to  have  been  elected. 


ELECTION  CONTESTS. 
§   3426.      Notice  of  Contest. 

Any  person  wishing  to  contest  the  election  of  any  person 
to  any  county,  district,  township,  or  precinct  office,  may  give 
notice  in  writing  to  the  person  whose  election  he  intends  to 
contest  that  his  election  will  be  contested,  stating  the  cause  of 
such  contest  briefly,  within  thirty  days  from  the  time  said 
person  shall  claim  to  have  been  elected. 


STATUTES  RELATING  TO  ELECTIONS.  99 

§   3427.      Service  of  Notice — Contest,  How  Heard. 

Said  notice  shall  be  served  in  the  same  manner  as  a  sum- 
mons issued  out  of  the  circuit  court,  ten  days  before  any 
hearing  upon  such  contest  as  herein  provided  shall  take  place, 
and  shall  state  the  time  and  place  that  such  hearing  shall  be 
had.  Upon  the  return  of  said  notice  served  to  the  clerk  of 
the  county,  he  shall  thereupon  enter  the  same  upon  his  issue 
docket  as  an  appeal  case,  and  the  same  shall  be  heard  in 
its  order  by  the  circuit  court;  provided,  that  if  the  case  can- 
not be  determined  by  the  circuit  court  in  term  time  within 
one  month  after  the  termination  of  said  election,  the  judge 
of  the  circuit  court  may  hear  and  determine  the  same  at 
chambers  as  soon  thereafter  as  may  be  practicable,  and  shall 
make  all  necessary  orders  for  the  trial  of  the  case,  an,d  carry- 
ing his  judgment  into  effect;  provided,  that  this  section  shall 
not  apply  to  township  or  precinct  officers.  In  cast  of  contest 
between  any  persons  claiming  to  be  elected  to  any  township 
or  precinct  office,  said  notice  shall  be  served  in  the  manner 
aforesaid,  and  shall  be  returned  to  the  county  court  of  the 
county. 

§   3428.      Contest  for  Precinct  Offices. 

Upon  the  return  of  said  notice  to  the  said  county  court, 
and  on  the  day  and  at  the  place  therein  named,  the  county 
judge  shall  hear  and  determine  such  contest,  and  make  all 
necessary  orders  for  trial  of  the  cause  and  carrying  his  judg- 
ment into  effect. 

§   3429.      Trial — Election  Certificate  and  Appeal. 

Each  party  shall  be  entitled  to  subpoenas  and  subpoenas 
duces  tecum,  as  in  ordinary  cases  of  law;  and  the  court  shall 
hear  and  determine,  without  the  intervention  of  jury,  the 
same,  in  such  manner  as  shall  carry  into  effect  the  expressed 
will  of  a  majority  of  the  legal  voters,  as  indicated  by  their 
votes  for  such  office,  not  regarding  technicalities  or  errors  in 
spelling  the  name  of  any  candidate  for  such  office;  and  the 
county  clerk  shall  issue  a  certificate  to  the  person  declared 
to  be  duly  elected  by  said  court,  which  shall  be  conclusive 
evidence  of  the  right  of  said  person  to  hold  said  office;  pro- 
vided, that  the  judgment  or  decision  of  the  circuit  court  in 
term  time,  or  a  decision  of  a  judge  thereof  in  vacation,  as  the 
case  may  be,  may  be  removed  to  the  Supreme  Court,  in  such 
other  manner  as  is  provided  for  removing  causes  from  the 
circuit  court  to  the  Supreme  Court ;  and  provided  further,  that 
appeals  may  be  taken  from  the  decision  of  the  county  court 
to  the  circuit  court,  as  in  other  cases — in  all  of  which  cases 
the  party  removing  any  such  judgment  or  decision  by  appeal 


100          STATUTES  RELATING  TO  ELECTIONS. 


shall  file  in  the  proper  court  a  bond  to  the  opposite  party,  in 
such  sum  and  with  such  sureties  as  shall  be  prescribed  by  a 
judge  thereof,  conditioned  for  the  payment  of  all  costs  that 
may  be  properly  taxed  against  him. 

§   343O.      Chapter,   How  Construed. 

This  chapter  shall  not  be  construed  so  as  to  impair  in  any 
way  the  right  of  any  person  to  contest  any  election  in  the 
manner  otherwise  provided  by  law. 

RESIGNATIONS,    VACANCIES,    ETC. 
§   3431.      Resignations — Elections   to  Fill  Vacancies. 

Any  person  who  shall  receive  a  certificate  of  his  election  as 
a  member  of  the  legislative  assembly,  coroner,  or  commissioner 
of  the  county  court,  shall  be  at  liberty  to  resign  such  office, 
though  he  may  not  have  entered  upon  the  execution  of  its 
duties  or  taken  the  requisite  oath  of  office;  and  when  any 
vacancy  shall  happen  in  the  office  of  member  of  the  senate  or 
house  of  representatives,  by  death,  resignation,  or  otherwise, 
and  a  session  of  the  legislature  is  to  take  place  before  the  next 
biennial  election,  the  Governor  shall  issue  a  writ  of  election, 
directed  to  the  sheriff  of  the  county,  or  sheriffs  of  the  counties 
composing  the  district  in  which  such  vacancy  shall  occur,  com- 
manding him  or  them  to  notify  the  several  judges  of  election 
in  his  county  or  their  district  to  hold  a  special  election  to  fill 
such  vacancy  or  vacancies,  at  a  time  appointed  by  the  Gov- 
ernor. 

§   3432.      To    Whom   Resignations    Are   Made. 

Resignations  shall  be  made  as  follows : 

1.  By  the  Secretary  of  State  and  State  Treasurer,  and  by 
all  officers  elected  by  the  legislature,  to  the  Governor; 

2.  By  all  officers  who  hold  their  offices  by  election  to  the 
officer  or  officers  respectively  authorized  by  law  to  order  a 
special  election  to  fill  such  offices,  respectively; 

3.  By  all  other  officers  holding  their  offices  by  appointment, 
to  the  body,  board,  or  officer  that  appointed  them. 

§   3433.      Office — When  Becomes  Vacant. 

Every  office  shall  become  vacant  on  the  occurring  of  either 
of  the  following  events  before  the  expiration  of  the  term  of 
such  office : 

1.  The  death  of  the  incumbent; 

2.  His  resignation ; 

3.  His  removal; 


STATUTES  RELATING  TO  ELECTIONS.          101 


4.  His  ceasing  to  be  an  inhabitant  of  the  district,  county, 
town,   or  village   for  which   he   shall   have   been   elected   or 
appointed,  or  within  which  the  duties  of  his  office  are  required 
to  be  discharged; 

5.  His  conviction  of  any  infamous  crime,  or  of  any  offense 
involving  a  violation  of  his  oath; 

6.  His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  his  official  bond,  or  to  deposit  such  oath  or  bond 
within  the  time  prescribed  by  law; 

7.  The  decision  of  a  competent  tribunal  declaring  void  his 
election  or  appointment. 

§   3434.      Office,   When  Governor  to  Declare  Vacant. 

The  Governor  shall  also  declare  vacant  the  office  of  every 
officer  required  by  law  to  execute  an  official  bond  whenever  a 
judgment  shall  be  obtained  against  such  officer  for  a  breach  of 
the  conditions  of  such  bond. 

§   3435.      Vacancy   During   Recess   of  Assembly. 

Whenever  a  vacancy  shall  occur  during  the  recess  of  the 
legislature  in  any  office  which  the  legislature  is  authorized  to 
fill  by  election,  the  Governor,  unless  it  is  otherwise  specially 
provided,  may  appoint  some  suitable  person  to  perform  the 
duties  of  such  office. 

§   3436.      Vacancies,   When  Filled  by  County  Court. 

When  at  any  time  there  shall  be  in  either  of  the  offices  of 
county  clerk,  sheriff,  coroner,  or  any  county  or  precinct  office, 
no  officer  duly  authorized  to  execute  the  duties  thereof,  some 
suitable  person  may  be  appointed  by  the  county  court  to  per- 
form the  duties  of  either  of  said  offices. 

§   3437.      Terms   of  Appointees — Must  Qualify. 

Every  such  person  so  appointed  in  pursuance  of  either  of 
the  two  last  preceding  sections  shall,  before  proceeding  to 
execute  the  duties  assigned  him,  qualify  in  the  same  manner 
as  required  by  law  of  the  officer  in  whose  place  he  shall  be 
appointed,  and  he  shall  continue  to  exercise  and  perform  the 
duties  of  the  office  to  which  he  shall  be  appointed  until  such 
vacancy  shall  be  regularly  supplied  as  provided  by  law. 

§   3438.      Congressional  Vacancy. 

Whenever  a  vacancy  may  occur  in  the  office  of  Representa- 
tive in  Congress  from  this  State  from  any  cause  whatever, 
the  Governor  shall  issue  his  writ  of  election  to  fill  such 
vacancy  in  the  same  manner  and  under  the  same  regulations 
as  are  prescribed  by  law  to  fill  vacancies  in  the  legislative 
assembly. 


102  STATUTES  RELATING  TO  ELECTIONS. 

§   3439.      Commencement   of   Terms   of   Office. 

The  term  of  office  of  all  officers  elected  shall  begin  to  run 
from  the  time  of  their  election,  unless  some  other  express 
provision  is  made  by  law. 

§    1.      Office   of   Governor,   When  Term  of  Begins. 

The  official  term  of  the  Governor  of  this  State  shall  com- 
mence upon  the  publication  of  the  returns  by  the  speaker 
of  the  house  of  representatives,  as  provided  in  Section  4, 
Article  V,  of  the  Constitution;  or  in  case  of  an  election  of 
the  Governor  by  the  legislative  assembly,  as  provided  in  Sec- 
tion 5  of  Article  V  of  the  Constitution  of  Oregon,  his  official 
term  shall  commence  immediately  upon  such  election ;  and 
he  shall  be  inaugurated  by  taking  the  oath  of  office.  [Laws 
1913,  Chap.  84,  p.  137.] 

§   3443.      Election   of  Presidential  Electors. 

On  the  Tuesday  next  after  the  first  Monday  in  November, 
1864,  and  every  four  years  thereafter,  there  shall  be  elected 
by  the  qualified  electors  of  this  State  as  many  electors  of 
President  and  Vice-President  as  this  State  may  be  entitled 
to  elect  of  Senators  and  Representatives  in  Congress. 

§   3444.      When    to    Convene — Vacancies;    Duty    of   Electors. 

The  electors  of  President  and  Vice-President  shall  con- 
vene at  the  seat  of  government  on  the  second  Monday  in 
January  next  after  their  election,  at  the  hour  of  twelve  of  the 
clock  at  noon  of  that  day,  and  if  there  shall  be  any  vacancy  in 
the  office  of  an  elector,  occasioned  by  death,  refusal  to  act,  neg- 
lect to  attend,  or  otherwise,  the  electors  present  shall  immedi- 
ately proceed  to  fill  by  viva  voce  and  plurality  of  votes,  such 
vacancy  in  the  electoral  college,  and  when  all  the  electors  shall 
appear,  or  the  vacancies,  if  any,  shall  have  been  filled  as  above 
provided,  such  electors  shall  proceed  to  perform  the  duties 
required  of  them  by  the  Constitution  and  laws  of  the  United 
States.  [Laws  1913,  Chap.  53,  p.  84.] 

§   3446.      Compensation  of  Electors. 

Every  such  elector  who  shall  attend  at  the  time  and  place 
appointed,  and  give  his  vote  for  President  and  Vice-President 
shall  be  entitled  to  receive  from  this  State  $3.00  for  each  day's 
attendance  at  such  election  and  $3.00  for  every  twenty  miles' 
travel  in  going  to  and  returning  from  the  place  where  the 
electors  shall  meet,  on  the  usually  traveled  route. 


STATUTES  RELATING  TO  ELECTIONS.          103 


§   1.      Providing  Registration  Books  and  Cards. 

The  county  clerk  in  each  county  in  this  State  shall 
procure  such  books,  cards  or  other  material  as  may  be 
needed  in  registering  the  voters  of  the  county  in  accordance 
with  the  provisions  of  this  act.  The  board  of  commissioners 
in  each  county  shall  order  to  be  paid  out  of  the  county  treasury 
the  reasonable  and  necessary  expenses  so  incurred  by  the 
county  clerk.  [Laws  1913,  Chap.  323,  p.  623.] 

§   2.      Form  of  Registration  Card  and  Elector's  Oath. 

In  registering  voters,  the  county  clerk  in  each  county, 
in  the  general  county  register,  shall  use  the  card  index 
system.  The  official  registration  card  shall  be  made  from 
stock  of  quality  that  will  admit  of  them  lasting  indefinitely; 
said  registration  cards  shall  be  three  by  five  inches  in  size, 
printed  and  ruled  in  substantially  the  following  form : 

Surname Given  name 

I,  having  been  first  duly  sworn,  say  upon  oath,  that  I  am  a 
qualified  elector,  and  the  statements  herein  entered,  as  to  my 
qualifications  as  an  elector,  are  true. 


Signature  of  Elector. 

Precinct residence  (section,  township  and 

range) ,  post  office  address  (where  mail  is  received) , 

room ,  occupation ,  age , 

where  born  (state  or  country) ,  date  of  natural- 
ization or  declaration ,  place , 

court... ,  how  long  in  Oregon ,  date  of 

registration ,   party  affiliation , 

height ..,  weight ,  color  of  hair , 

color  of  eyes 

Subscribed  and  sworn  to  before  me 

..County  Clerk. 

By  Deputy. 

Official  Registrar. 

They  shall  be  punched  and  fastened  in  boxes  by  a  rod  so 
they  can  be  removed  only  by  the  county  clerk  or  his  deputies. 
The  cards  shall  be  sorted  in  exact  alphabetical  order  for  the 
whole  county.  Said  cards  shall  be  known  as  the  general 
county  register.  [Laws  1913,  Chap.  323,  p.  623.] 

§   3.     Loose-leafed  Registers  Made  in  Duplicate;   But  in  Triplicate  in 
Cities. 

The  precinct  registers  shall  be  loose-leafed  registers 
with  leaves  seven  inches  in  width  by  ten  inches  in  length, 


104          STATUTES  RELATING  TO  ELECTIONS. 

from  top  to  bottom.  The  quality  and  weight  of  the 
paper  shall  be  such  as  to  last  indefinitely.  The  registration 
for  the  Drecinct  registers  shall  be  in  duplicate  for  precincts 
not  wholly  within  a  municipal  corporation  and  in  triplicate 
for  precincts  wholly  within  municipal  corporations,  the 
duplicate  to  be  retained  by  the  county  clerk  for  the  precinct 
register,  and,  when  in  triplicate,  the  triplicate  to  go  to  such 
municipal  corporation  as  hereinafter  required ;  and  in  all 
cases  one  copy  shall  be  given  by  the  county  clerk  as  a 
certificate  of  election  to  the  elector.  Upon  each  duplicate 
shall  be  printed  a  duplicate  of  the  form  printed  upon  the 
official  registration  cards  with  the  addition  of  the  following 
oath: 

"We,  the  undersigned  witnesses,  do  swear  that  our  names 
and  signatures  are  genuine;  that  we  are  each  personally 
acquainted  with  the  elector  and  his  residence,  as  stated;  that 
we  believe  all  his  other  statements  are  true  and  that  we  are 
each  freeholders  in  this  county." 

Signature  Residence 


Subscribed    and    sworn    to    by    the    elector    and    the    two 

witnesses  this day  of 191 

[Laws  1913,  Chap.  323,  p.  624.] 

§   4.      Registration  of  Electors  Before  Clerks. 

Every  elector  may  be  registered  without  charge  by 
personally  appearing  in  the  office  of  the  county  clerk,  and 
after  being  duly  sworn,  stating  the  following  facts,  which 
the  clerk  shall  enter  in  black  ink  in  triplicate,  first,  upon  the 
official  registration  cards  in  the  general  county  register  and 
upon  each  of  the  duplicates  of  the  precinct  register  for  the 
precinct  in  which  the  elector  resides.  The  elector  shall  sign 
his  name  to  each  of  the  three  affidavits  in  the  presence  of  the 
clerk  or  his  deputy.  If  he  cannot  sign  his  name,  the  clerk 
shall  sign  the  elector's  name  and  give  reason  of  the  elector's 
inability  to  sign.  The  clerk  shall  enter  in  these  affidavits,  the 
following  information :  Date  of  registration,  name  of  elector, 
surname  to  be  given  in  full,  age  of  elector,  occupation  of 
elector,  post  office  address,  place  of  birth,  whether  naturalized, 
in  what  court,  how  long  in  Oregon,  height  of  elector,  weight, 
color  of  hair,  color  of  eyes,  the  name  or  number  of  his 
precinct,  his  place  of  residence  wrhich  shall  include  in  the  coun- 
try, the  section,  township  and  range;  or  in  the  city,  the  room 
and  floor,  street  and  number,  if  there  be  any,  or  such  other 
information  as  may  definitely  locate  the  elector's  residence, 
and  the  name  of  the  political  party  with  which  the  elector 


STATUTES  RELATING  TO  ELECTIONS.          105 


affiliates,  unless  he  refuses  to  name  his  party  preference,  in 
which  case  the  clerk  shall  enter  the  word  "refused".  If  the 
elector  is  registered  by  the  clerk  in  person,  he  shall  so  sign  his 
own  name  in  attestation  thereof,  and  if  the  elector  is 
registered  by  a  deputy,  then,  in  addition  to  the  name  of  the 
clerk,  the  particular  deputy  actually  registering  the  elector 
shall  sign  his  name,  at  length,  in  attestation  thereof.  When 
the  elector  shall  have  completed  his  registration  as  provided 
in  this  act,  the  clerk  shall  place  the  seal  of  the  county  upon 
one  of  the  duplicates  of  the  precinct  register  and  give  or  mail 
it  to  the  elector  as  his  evidence  of  registration.  At  the  close 
of  the  registration  preceding  any  election,  the  clerk  shall 
arrange  the  precinct  register  in  alphabetic  order  and  cause 
the  same  to  be  indexed,  so  any  elector's  name  ma/  be  readily 
found.  [Laws  1913,  Chap.  323,  p.  624.] 

8   5.      Electors  May  Register  Any  Time  Excepting  Within  Thirty  Days 
of  Election. 

The  county  clerk  shall  register  any  qualified  elector 
who  may  request  to  be  registered  at  any  time  after  this 
law  shall  be  of  force  and  effect  except  that  he  shall  refuse 
to  register  any  elector  during  30  days  next  preceding  any 
general  or  primary  election,  or  15  days  next  preceding 
any  special  election.  If  the  county  clerk  wrongfully  refuse 
to  register  any  qualified  elector,  such  elector  may  proceed  by 
mandamus  to  compel  him  to  do  so.  This  law  shall  not  ODerate 
to  prevent  any  additional  registration  required  by  the  charter 
or  ordinances  of  any  city  or  town.  [Laws  1913,  Chap.  323, 
p.  625.] 

§  6.      Manner  of  Voting  where  Elector  Fails  to  Register. 

No  elector  who  is  not  registered  as  provided  in  this 
act  shall  be  entitled  to  vote  at  any  election  provided  for 
by  law  except  in  school  district  or  road  district  elections; 
provided,  that  in  case  the  Supreme  Court  should  hold  the 
above  provisions  for  compulsory  registration  invalid  then, 
and  in  that  case  only,  the  elector  may  register  with  the  judges 
of  the  election  upon  election  day  by  subscribing  to  the  follow- 
ing form  and  securing  the  affidavit  of  six  freeholders  that 
they  are  personally  acquainted  with  the  elector  and  his 
qualifications  as  an  elector : 

STATE   OF   OREGON,        ] 

tas. 
County   of J 

I,  the  undersigned  elector,  do  solemnly  swear  (or  affirm) 
that  my  name  and  signature  as  signed  below  is  my  true  name 


106          STATUTES  RELATING  TO  ELECTIONS. 

and  signature.    If  I  have  not  signed  it,  it  is  because  

;  and  it  was  signed  by  the  attesting  officer 

at  my  request.    My  age  is years;    occupation ; 

nativity ;    naturalized    or    declared    my    inten- 
tions in  court,  in  County,  State 

of  ,  on 191....,  as  appears  by  the 

naturalization  papers  exhibited  herewith.     My  present  resi- 
dence is  in  section ,  township ,  range , 

of  (if  city  or  town) ,  at  No ,  

street;  I  occupy  room on floor;  that  I  have  resided 

in   this    State   during   the    six   months    next   preceding   this 
election. 


Signature  of  Elector. 

We,  the  undersigned  witnesses,  do  hereby  swear  that  our 
names  and  signatures  are  genuine;  that  we  are  each  person- 
ally acquainted  with  the  elector  and  his  residence  as  stated; 
that  we  believe  all  his  other  statements  are  true  and  that  we 
are  each  freeholders  in  the  county. 

Signature  Postoffice 


Subscribed  and  sworn  to  before  me  by  the  elector  and  these 
witnesses  this  ..  ..  day  of  .  ...,  191 


Chairman  Election  Board. 
[Laws  1913,  Chap.  323,  p.  625.] 

§   7.      Manner  of  Registering  where  Elector's   Time  of  Residence  Not 
Complete. 

Any  elector  who  may  complete  his  residence  during 
the  period  in  which  the  registers  are  closed,  or  who 
may  attain  the  age  of  21  years,  may  register  during 
a  period  of  four  months  next  preceding  the  closing  of  the 
registration  for  the  election  at  which  he  desires  to  vote,  but 
the  clerk  shall  indorse  upon  the  registration  affidavits  in  red 
ink  these  words : 

"Qualified  to  vote (month)  (day)  , 

(year)  .".  [Laws  1913,  Chap.  323,  p.  626.] 

§   8.      Electors  at  County  Seats  Must  Register  Before  Clerk. 

Electors  who  reside  in  the  municipality  wherein  is 
situated  the  county  seat  shall,  except  for  certain  municipal 


STATUTES  RELATING  TO  ELECTIONS.          107 


elections  hereinafter  mentioned,  register  in  person  with  the 
county  clerk;  provided,  that  in  cities  of  more  than  50,000 
inhabitants,  the  electors  in  the  precinct  in  which  the 
court  house  is  situated  only  shall  register  in  person  before  the 
county  clerk.  [Laws  1913,  Chap.  232,  p.  627.] 

§   9.      Manner  of  Registering  by  Precinct  Registrar. 

Electors  who  do  not  reside  in  the  limits  described  in 
Section  8  of  this  act,  may  register  without  charge,  before 
the  official  registrar  in  any  precinct  in  the  county  for 
other  than  municipal  elections,  or  with  the  county  clerk.  If 
the  elector  registers  before  an  official  registrar  he  shall 
produce  two  witnesses  who  shall  make  affidavit  that  they  are 
personally  acquainted  with  the  elector  and  his  residence  as 
stated  and  that  they  believe  all  his  other  statements  are  true. 
Electors  absent  from  their  counties  may  register  for  other 
than  municipal  elections  before  any  official  registrar  or  county 
clerk  in  the  county  where  they  may  be.  In  such  case,  the 
official  registrar  or  county  clerk  shall  mail  the  affidavits  of 
the  elector  to  the  county  clerk  of  the  elector's  county  and  may 
collect  a  fee  not  to  exceed  25  cents  from  such  elector. 
Any  elector  who  may  be  absent  irorn  the  State  upon  business 
of  the  State  or  of  the  United  States,  may  be  registered  by 
subscribing  to  the  affidavits  required  of  a  resident  elector 
before  a  notary  Dublic  and  mailing  such  affidavits  to  the 
county  clerk  of  the  county  in  which  the  elector  claims  his 
residence;  provided,  the  clerk  may  reject  the  registration  of 
any  person  whom  he  believes  to  be  disqualified.  [Laws  1913, 
Chap.  323,  p.  627.] 

§   10.      Precinct  Registrars,   Appointment   Of. 

As  soon  as  this  law  shall  go  into  effect,  the  county 
clerk  of  each  county  shall  appoint  an  official  registrar 
in  each  precinct  in  the  county  not  included  in  or  a  part  of  the 
municipality  in  which  the  county  court  house  is  situated,  as 
the  case  may  be.  Such  official  registrar  shall  preferably  t>b 
a  notary  public  or  justice  of  the  peace.  He  shall  Qualify  by 
subscribing  to  the  usual  oath  of  office  and  by  filing  a 
bond  in  the  sum  of  $300,  which  shall  be  satisfactory  to 
the  county  clerk.  The  official  registrar  shall  hold  office  at 
the  pleasure  of  the  county  clerk;  but  not  beyond  the  term  for 
which  the  county  clerk  was  elected.  He  shall  receive  for  each 
elector  registered  by  him  the  sum  of  10  cents,  except  as 
herein  otherwise  provided,  the  same  to  be  audited  and  ordered 
paid  by  the  board  of  county  commissioners.  [Laws  1913, 
Chap.  323,  p.  627.] 


108  STATUTES   RELATING   TO   ELECTIONS. 

§    11.      Supplies  Furnished  Registrars. 

The  county  clerk  shall  furnish  the  official  registrars  of 
his  county  with  the  necessary  supplies  and  instruct  them 
in  their  duties.  He  may  reject  the  registration  made  by 
an  official  registrar  of  any  elector  whom  he  may  determine 
to  be  disqualified,  but  such  elector  may  appeal  from  his  deter- 
mination to  the  circuit  court.  [Laws  1913,  Chap.  323,  p.  628.] 

§   12.      Electors  Must  All  Register  Prior  to  Election  of  1914. 

It  shall  be  the  duty  of  every  elector  in  the  State  to 
register  prior  to  the  general  election  in  1914.  As  long 
as  the  elector  resides  in  the  precinct  from  which  he 
registers  he  shall  not  be  required  to  register  again  unless 
he  shall  fail  to  vote  at  any  election  within  the  biennial 
period  including  a  general  election  for  State  officers,  in  which 
case  he  shall  again  register  before  being  allowed  to  vote.  If 
the  elector  desires  to  change  from  one  political  party  to 
another,  he  may  register  again  at  his  request  by  furnishing 
the  necessary  information  to  the  county  clerk  or  an  official 
registrar,  signing  the  affidavit  prescribed  herein,  and  causing 
his  previous  registration  to  be  cancelled.  [Laws  1913,  Chap. 
323,  p.  628.] 

§    13.      Elector  Changing  Residence,  Manner  of  Registering. 

When  an  elector  removes  from  the  precinct  in  which 
he  is  registered  and  gains  residence  in  another  precinct, 
he  shall  re-register  in  the  same  manner  as  he  was  first 
registered,  but  such  elector  shall  surrender  to  the  county 
clerk  of  the  official  register,  his  certificate  of  registra- 
tion and  cause  his  former  registration  to  be  cancelled.  In 
case  such  certificate  of  registration  has  been  lost,  or  has  been 
destroyed  in  any  natural  calamity,  such  elector  shall  produce 
before  the  official  registrar,  or  the  county  clerk,  two  witnesses 
who  shall  sign  an  affidavit  under  oath  that  such  is  the  fact. 
[Laws  1913,  Chap.  323,  p.  628.] 

§14.      Registrations  Must  Be  Mailed  Each  Week  to  County  Clerk. 

The  official  reg-istrars  shall,  at  the  end  of  each  week, 
mail  all  registrations  made  by  them  to  the  county  clerk. 
These  registrations  shall  include  the  registration  card  and  the 
duplicate  registration  for  the  precinct  register.  The  county 
clerk  shall  place  the  seal  of  the  county  upon  one  of  the 
duplicates,  attest  it  with  his  signature  and  mail  it  to  the 
elector.  The  other  duplicate  he  shall  place  in  the  precinct 
register.  [Laws  1913,  Chap.  323,  p.  628.] 


STATUTES  RELATING  TO  ELECTIONS.  109 

§   15.      Registration  List  to  be  Corrected  Before  Each  Election. 

On  or  before  the  25th  day  before  the  regular  biennial 
election  in  November,  1914,  and  biennially  thereafter  the 
county  clerk  shall  make  a  list  of  the  registered  voters 
of  each  precinct  then  upon  the  precinct  register  and 
mail  the  same  to  the  official  registrar  in  every  precinct  having 
such  official  registrar.  The  registrar  shall  ascertain  the 
names  of  all  of  the  voters  who  have  lost  their  residence  by 
reason  of  removal  from  the  precinct  or  who  have  died,  or 
who  may  have  become  disqualified  by  reason  of  conviction  of 
a  crime  punishable  by  imprisonment  in  the  State  prison, 
make  and  certify  to  a  list  of  all  such  voters  on  or  before  the 
20th  day  next  preceding  the  election  and  mail  the  same 
to  the  county  clerk.  The  clerk  shall  satisfy  himself  that  such 
persons  are  no  longer  qualified  to  vote  in  that  precinct  and 
shall  thereupon  cancel  the  registration  of  such  persons  for 
such  precinct  if  not  already  cancelled.  The  registrar  shall 
receive  for  such  service  from  the  county,  the  sum  of  15 
cents  per  name.  [Laws  1913,  Chap.  323,  p.  628.] 

§   16.      Penalty  of  Registrar  Listing  Disqualified  Voters. 

Any  official  registrar  who  shall  include  in  the  list  of 
disqualified  voters  provided  for  by  Section  15,  of  this  act, 
any  elector  who  is  not  disqualified  by  any  of  the  reasons 
therein  set  forth  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  puished  by  imprisonment  in  the 
county  jail  not  less  than  10  days  nor  more  than  12  months. 
[Laws  1913,  Chap.  323,  p.  629.] 

§    17.      Penalty  of  Elector  Registering  Illegally. 

No  person  shall  register  who  is  not  a  qualified  elector 
of  the  precinct  in  which  he  registers  and  who  is  not 
a  resident  thereof,  or  registers  in  a  name  other  than  his  true 
name;  and  no  elector  shall  register  a  second  time  in  the  same 
precinct,  or  register  in  another  Drecinct  except  as  provided 
in  this  act.  [Laws  1913,  Chap.  323,  p.  629.] 

§    18.     Registration  Records  Are  Public. 

The  said  registers  shall  be  public  records.  The  general 
county  registers  shall  be  kept  in  the  office  of  the  county 
clerk  as  other  public  records  are  kept.  Every  citizen 
shall  be  allowed  to  examine  the  county  general  register  and 
each  of  the  precinct  registers  while  they  are  in  the  custody  of 
the  county  clerk,  and  make  copies  or  extracts  therefrom 
without  charge  to  him.  The  precinct  registers  shall  be  sent 
to  the  several  precincts  together  with  the  other  election 
supplies.  [Laws  1913,  Chap.  323,  p.  629.] 


110          STATUTES  RELATING  TO  ELECTIONS. 

§   19.     Judges   to   Examine   Register   for  Each  Person   Voting — Chal- 
lenges. 

Upon  the  day  of  election  the  judges  of  election,  as 
soon  as  an  elector  applying  to  vote  has  given  his  name  and 
residence  to  the  election  clerks,  shall  ask  the  elector  if  he  is 
registered,  and  also  examine  the  register.  Notwithstanding 
the  elector  is  registered,  his  right  to  vote  may  be  challenged 
and  tried  at  any  time  before  his  ballot  is  actually  deposited 
in  the  ballot  box.  If  he  appears  to  be  registered  and  is  chal- 
lenged, he  shall  subscribe  to  the  form  of  oath  used  in  registra- 
tion and  the  judges  shall  compare  his  signature  with  the 
signature  in  the  precinct  register.  The  judges,  in  their  dis- 
cretion, may  take  such  testimony  as  they  deem  necessary  to 
establish  the  elector's  right  to  vote,  and  shall  permit  such 
proper  questions  by  any  elector  present  as  shall  tend  to  show 
the  qualification  or  disqualification  of  such  person  to  vote. 
[Laws  1913,  Chap.  323,  p.  629.] 

§  20.      Elector  Not  Registered  is  Challenged;  How  He  Can  Arote. 

If  it  appears  that  a  n  elector  is  not  registered  in  the 
precinct  in  which  he  applies  to  vote,  he  shall  be  con- 
sidered to  be  challenged.  The  judges  shall  request  him  to 
present  his  certificate  of  registration.  If  he  Dresents  it  and 
satisfies  the  judges  that  he  is  qualified  to  vote,  he  may  proceed 
to  vote.  The  chairman  of  the  election  board  shall  indorse 

upon  the  back  of  such  certificate  the  words  ''voted  in 

precinct,  on  the day,  in  the  month  of ,  in 

the  year "  and  shall  sign  his  name  thereto  in 

attestation  thereof.  If  he  has  no  certificate  of  registration 
and  does  not  satisfy  the  judges  of  election  of  his  qualifications 
to  vote,  his  vote  shall  not  be  received.  The  judges  of  election, 
or  any  one  of  them  are  hereby  authorized  to  administer  and 
certify  oaths,  and  to  issue  subpoenas  to  require  attendance 
of  witnesses  before  them.  [Laws  1913,  Chap.  323,  p.  629.] 

§  21.      Cities  May  Procure  Registered  List  of  Their  Boundaries. 

The  provisions  of  this  act  shall  apply  to  all  municipal 
corporations  of  this  State  and  elections  held  therein. 
As  to  municipal  corporations  whose  boundaries  are  coter- 
minous with  one  election  precinct  or  a  group  of  election 
precincts,  it  shall  be  the  duty  of  the  city  recorder,  or  other 
officer  of  any  such  municipality  performing  the  duties  usually 
performed  by  a  city  recorder,  to  apply  to  the  county  clerk  of 
the  county  in  which  such  municipality  is  situated,  not  less 
than  thirty  (30)  days  prior  to  any  general  city  election  or 
fifteen  (15)  days  before  any  special  city  election  for  the 


STATUTES  RELATING  TO  ELECTIONS.          Ill 

triplicate  precinct  registers  mentioned  in  Section  3  of  the 
election  precinct  lying  within  the  boundaries  of  such  munici- 
pality, and  such  county  clerk  shall  furnish  the  same  completed 
to  a  date  60  days  prior  to  the  date  of  such  general  election 
and  15  days  prior  to  such  special  election,  but  not  later.  And 
such  triplicate  registers  shall  have  the  same  force  and  validity 
as  evidence  of  the  right  of  any  person  to  vote  at  any  such 
municipal  election  as  is  given  the  said  duplicate  precinct 
register  by  this  act  in  other  elections.  In  all  cases  where  a 
municipal  election  is  to  be  held  on  the  same  day  of  a  State, 
county  or  district  election,  and  the  voting  ward  or  wards  of 
the  municipality  shall  conform  as  to  boundaries  to  a  voting 
precinct  or  precincts  and  the  same  judges  and  clerks  act  for 
all  such  elections,  it  shall  be  sufficient  for  the  county  'clerk  to 
furnish  for  such  election  only  the  duplicate  precinct  registers 
contemplated  by  this  act  for  elections  without  municipalities, 
and  in  the  same  time  and  manner. 

In  all  municipal  corporations  of  this  State  whose  boundaries 
are  not  coterminous  with  an  election  precinct  or  group  of 
precincts,  electors  shall  be  registered  for  elections  therein  in 
the  manner  required  by  this  act  for  non-municipal  elections, 
but  the  duties  required  by  this  act  to  be  performed  by  county 
clerks  shall  in  that  case,  be  performed  by  the  clerks  or  city 
recorders  or  other  officers  performing  the  duties  usually  per- 
formed by  such  officers,  and  all  electors  within  any  such 
municipal  corporations  shall  register  for  municipal  elections 
before  such  officer,  as  required  herein,  the  necessary  changes 
being  made  throughout  to  make  this  act  apply  to  municipal 
corporations.  And  for  the  purposes  of  such  registration  for 
municipal  elections  within  such  municipalities  no  registrars 
other  than  the  officer  last  mentioned  shall  be  appointed. 
Registration  of  electors  in  such  last  mentioned  municipalities 
for  municipal  elections  shall  be  distinct  from  registration  for 
other  elections  and  in  addition  thereto.  [Laws  1913,  Chap. 
323,  p.  630.] 

§   3464.      Precinct  Registers  and  Affidavits  Included  With  Returns. 

The  precinct  registers,  and  all  affidavits  filed,  shall  be  re- 
turned along  with  the  other  election  returns,  sealed  and 
marked  on  the  cover  with  the  contents  and  the  name  of  the 
precinct,  to  the  county  clerk  of  the  county. 

§   3465.      Penalty  for  Violation  of  Act  by  Officers. 

Any  county  clerk  or  clerk  of  the  county  court  of 
any  county,  or  any  deputy  of  either  of  such  officers,  or  any 
judge  or  clerk  of  election,  or  any  official  registrar  or  any 


112          STATUTES  RELATING  TO  ELECTIONS. 


municipal  officer,  or  any  justice  of  the  peace  or  notary  public, 
who  shall  willfully  disregard  any  of  the  provisions  of  this 
chapter,  or  who  shall  willfully  fail  to  perform  or  enforce  any 
of  the  provisions  of  this  chapter,  or  any  person  who  shall 
willfully  or  fraudulently  register  more  than  once,  or  register 
under  any  but  his  true  name,  or  attempt  to  vote  by  imperson- 
ating another  who  is  registered,  contrary  to  the  provisions  of 
this  chapter,  or  knowingly  register  in  any  precinct  where  he 
is  not  resident  at  the  time  of  registering,  upon  conviction  shall 
be  punished  by  imprisonment  in  the  penitentiary  not  less  than 
one  year  nor  more  than  three  years,  or  by  fine  not  less  than 
$100  nor  more  than  $2,000,  or  both  such  fine  and  imprison- 
ment. Any  person  who  shall  falsely  swear  to  any  affidavit 
required  by  this  chapter  shall  be  deemed  guilty  of  perjury, 
and  upon  conviction  thereof  shall  be  punished  accordingly. 
[Laws  1913,  Chap.  323,  p.  631.] 

§   3466.      Electors  Must  Personally  Appear  to  Register,  When. 

All  electors  residing  in  the  town  or  incorporated  city  which 
is  the  county  seat,  and  where  the  county  clerk  or  the  clerk  of 
the  county  court  has  his  office,  shall  personally  appear  in  the 
clerk's  office  and  comply  with  the  provisions  of  this  chapter, 
in  order  to  register.  The  board  of  county  commissioners  shall 
furnish  the  county  clerk  or  clerk  of  the  county  court  all  neces- 
sary assistance  to  enable  him  to  carry  out  the  provisions  of 
this  chapter. 

§   3467.      Duty  to  Challenge  Voter,  When. 

It  shall  be  the  duty  of  each  clerk  or  elector  present  to  chal- 
lenge any  person  offering  to  register  whom  he  shall  know  or 
suspect  not  to  be  qualified  as  an  elector.  If  the  person  so 
challenged  shall  refuse  to  answer  fully  any  questions  touching 
his  qualifications  as  an  elector  which  shall  be  put  to  him  by 
the  registering  officer,  the  registering  officer  shall  refuse  to 
register  him.  The  qualifications  of  the  applicant  as  an  elector 
shall  be  determined  in  the  first  instance  by  the  register- 
ing officer,  from  the  evidence  produced  before  him,  and  if  he 
finds  the  applicant  disqualified  to  vote  at  the  next  election  he 
shall  reject  the  application,  but  if  he  finds  him  qualified  he 
shall  register  him.  If  rejected,  the  name  and  place  of  alleged 
residence  of  each  applicant  for  registration,  and  the  date  when 
rejected,  shall  be  entered  in  a  separate  list  for  each  precinct, 
kept  by  the  registering  officer. 

Laws  1901,  Page  328.      Provisions  of  Australian  Ballot  Law  Applicable. 

The  following  sections  of  the  act,  commonly  known  as  the 
"Australian  Ballot  Law,"  approved  Febzruary  13,  1891,  at 


STATUTES  RELATING  TO  ELECTIONS.          113 

page  8,  shall  apply  to  elections  held  under  this  act,  namely, 
Sections  3317  to  3323,  3325  to  3331,  3337,  3338,  3341  to  3345, 
3393,  3396,  3397,  3400,  3401,  3402,  3404,  3407  to  3412,  3414, 
3415  and  3416. 

This  section  was  section  26  of  the  act  approved  February  28,  1901,  providing 
for  primary  elections  in  cities  having  a  population  of  more  than  ten  thousand 
inhabitants.  All  of  said  act,  except  this  section,  was  repealed  by  the  direct 
primary  nominating  elections  law,  adopted  by  the  people  at  the  general  election 
held  June  6,  1904,  and  although  it  appears  to  have  no  effect  it  is  published  with 
this  compilation  for  the  reason  that  it  still  Remains  on  the  statute  books. 

§   3468.      Penalty     for     Voting     Illegally,     or     Improperly     Influencing 
Voters,   or  Tampering  With   Ballots. 

Any  person  voting  or  offering  to  vote  at  any  such  election 
who  would  not  be  qualified  to  vote  in  the  election  precinct  at 
the  general  election  then  next  ensuing,  or  who  has  voted  at  the 
primary  election  of  any  other  political  party  or  association 
held  for  the  purpose  of  electing  delegates  to  any  convention  at 
which  the  candidates  of  the  respective  parties  are  to  be  chosen 
for  the  ensuing  election,  or  who  shall  vote  more  than  once  at 
the  same  or  different  polls  on  the  same  day  at  the  same 
primary  election,  or,  knowing  that  he  is  not  a  qualified  voter  at 
such  election,  willfully  votes  or  offers  to  vote  at  such  election, 
or  willfully  aids  or  abets  any  one  not  qualified  to  vote  at  such 
primary  election  in  voting  or  attempting  to  vote  at  such 
election,  or  by  offering  or  giving  or  promising  to  give  a  reward 
or  bribe  or  money  or  any  valuable  consideration,  either  directly 
or  indirectly,  to  attempt  to  influence  or  to  influence  any  voter 
in  giving  or  withholding  his  vote  at  such  election,  or  by  bribery 
or  by  corrupt  or  unlawful  means  prevents  or  attempts  to 
prevent  any  voter  from  attending  or  voting  at  such  election, 
or  if  any  one  places  any  ballot  in  any  ballot  box  in  use  at  such 
election  which  has  not  been  regularly  voted  and  permitted  to 
be  voted  by  the  judges  thereat,  or  any  one  concealing  or 
destroying  or  removing  any  ballot  from  such  ballot  box  for  the 
purpose  of  destroying  or  altering  the  same,  or  changing  the 
result  of  the  election,  or  for  any  other  purpose  except  for  the 
purpose  of  counting  such  ballots  after  the  polls  are  closed,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  $50  nor 
more  than  $200  or  by  imprisonment  in  the  county  jail  not  less 
than  two  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

§   3469.      Challenges — Oath  Required — Refusal  to  Answer  Questions — 
Attempt  to  Vote  by  Rejected  Voter. 

If  any  person  offering  to  vote  at  any  primary  election  be 
challenged  by  a  judge  or  any  qualified  elector  at  said  election 
as  to  his  right  to  vote  thereat,  an  oath  shall  be  administered  to 


114          STATUTES  RELATING  TO  ELECTIONS. 

him  by  one  of  the  judges  that  he  will  truly  answer  all  questions 
touching  his  right  to  vote  at  such  election,  and  if  he  refuse  to 
answer  any  question  which  may  be  put  to  him  touching  his 
right  to  vote  at  such  election,  or  if  it  appear  that  he  is  not  a 
qualified  voter  under  the  provisions  of  this  act,  his  vote  shall 
be  rejected;  and  if  any  person  whose  vote  has  been  so  rejected 
shall  offer  to  vote  at  the  same  election  at  any  other  polling 
place,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  as  provided  in  Section  3468. 

DIRECT  LEGISLATION  ELECTIONS. 
§   3470.      Form  of  Petition  for  Referendum. 

The  following  shall  be  substantially  the  form  of  petition  for 
the  referendum  to  the  people  on  any  act  passed  by  the  legisla- 
tive assembly  of  the  State  of  Oregon,  or  by  a  city  council : 

WARNING. 

It  is  a  felony  for  any  one  to  sign  any  initiative  or  referendum 
petition  with  any  other  name  than  his  own,  or  to  knowingly  sign  his 
name  more  than  once  for  the  same  measure,  or  to  sign  such  petition 
when  he  is  not  a  legal  voter. 

PETITION  FOR  REFERENDUM. 

To  the  Honorable ,  Secretary  of  State  for  the 

State  of  Oregon   (or  to  the  Honorable ,  clerk,  auditor, 

or  recorder,  as  the  case  may  be,  of  the  city  of ): 

We,  the  undersigned  citizens  and  legal  voters  of  the  State  of  Oregon 

(and    the   district   of ,   county ,    or 

city  of ,  as  the  case  may  be),  respectfully 

order  that  the  Senate    (or  House)    Bill  No ,  entitled    (title  of 

act,  and  if  the  petition  is  against  less  than  the  whole  act  then  set 
forth  here  the  part  or  parts  on  which  the  referendum  is  sought),  passed 

by  the Legislative  Assembly  of  the   State  of  Oregon, 

at  the  regular   (special)   session  of  said  Legislative  Assembly,  shall  be 

referred  to  the  people  of  the  State  (district  of ,  county 

of ,  or  city  of as  the  case  may  be), 

for  their  approval  or  rejection,  at  the  regular  (special)  election  to  be 
held  on  the day  of ,  A.  D.  19....,  and  each  for  him- 
self says:  I  have  personally  signed  this  petition;  I  am  a  legal  voter 

of  the  State  of  Oregon,  and   (district  of ,  county  of , 

city  of ,  as  the  case  may  be) ;  my  residence  and  postoffice 

are   correctly   written   after  my  name. 

Name ,   Residence ,  Postoffice 

(If  in  a  city,  street  and  number.) 

(Here  follow  twenty  numbered  lines  for  signatures.) 

§   3471.      Form  of  Initiative  Petition. 

The  following  shall  be  substantially  the  form  of  petition  for 
any  law,  amendment  to  the  constitution  of  the  State  of  Oregon, 
city  ordinance  or  amendment  to  a  city  charter,  proposed  by 
the  initiative: 


STATUTES   RELATING   TO   ELECTIONS.  115 


WARNING. 

It  is  a  felony  for  any  one  to  sign  any  initiative  or  referendum 
petition  with  any  other  name  than  his  own,  or  to  knowingly  sign  his 
name  more  than  once  for  the  measure,  or  to  sign  such  petition  when 
he  is  not  a  legal  voter. 

INITIATIVE   PETITION. 

To  the  Honorable ,  Secretary  of  State  for  the 

State  of  Oregon   (or  to  the  Honorable ,  clerk,  auditor, 

or  recorder,  as  the  case  may  be,  for  the  city  of ): 

We,  the  undersigned  citizens  and  legal  voters  of  the  State  of  Oregon 

(and  of  the  district  of ,  county  of ,  or 

city  of ,  as  the  case  may  be),  respectfully 

demand  that  the  following  proposed  law  (or  amendment  to  the  consti- 
tution, ordinance,  or  amendment  to  the  city  charter,  as  the  case  may 
be),  shall  be  submitted  to  the  legal  voters  of  the  State  of  Oregon 

(district  of. ,  county  of ......  or  city  of 

as  the  case  may  be),  for  their  approval  or  rejection  at  the  regular 
general  election,  or  (regular  or  special  city  election),  to  be  held  on  the 

day  of ,   A.   D.    19....,   and   each   for  himself  says: 

I  have  personally  signed  this  petition;   I  am  a  legal  voter  of  the  State 

of  Oregon   (and  of  the  district  of ,  county  of ., 

city  of ,  as  the  case  may  be) ;  my  residence  and  postoffice 

are  correctly  written  after  my  name. 

Name ,  Residence ,  Postoffice 

(If  in  a  city,  street  and  number.) 

(Here  follow  twenty  numbered  lines  for  signatures.) 

§   3472.      Further    of    Petitions — Filing    and    Procedure    Thereon — 
Measures   Excepted. 

Before  or  at  the  time  of  beginning  to  circulate  any 
petition  for  the  referendum  to  the  people  on  any  act  passed 
by  the  legislative  assembly  of  the  State  of  Oregon,  or 
for  any  law,  amendment  to  the  constitution  of  the  State 
of  Oregon,  city  ordinance  or  amendment  to  a  city  charter, 
proposed  by  the  initiative,  the  person  or  persons  or  organ- 
ization or  organizations  under  whose  authority  the  measure 
is  to  be  referred  or  initiated  shall  send  or  deliver  to  the  Sec- 
retary of  State,  or  city  clerk,  recorder  or  auditor,  as  the  case 
may  be,  a  copy  of  such  petition  duly  signed  which  shall  be 
filed  by  said  officer  in  his  office,  who  shall  immediately  ex- 
amine the  same  and  specify  the  form  and  kind  and  size  of 
paper  on  which  such  petition  shall  be  printed  for  circulation 
for  signatures. 

To  every  sheet  of  petitioners'  signatures  shall  be  attached 
a  full  and  correct  copy  of  the  measure  so  proposed  by  initia- 
tive petition ;  but  such  petition  may  be  filed  by  the  Secretary 
of  State  in  numbered  sections  for  convenience  in  handling. 
Each  sheet  of  petitioners'  signatures  upon  referendum  peti- 
tions shall  be  attached  to  a  full  and  correct  copy  of  the  meas- 


116          STATUTES  RELATING  TO  ELECTIONS. 

ure  on  which  the  referendum  is  demanded  and  may  be  filed 
in  numbered  sections  in  like  manner  as  initiative  petitions. 
Not  more  than  20  signatures  on  one  sheet  shall  be  counted. 
When  any  such  initiative  or  referendum  petition  shall  be 
offered  for  filing  the  Secretary  of  State  shall  detach  the 
sheets  containing  the  signatures  and  affidavits  and  cause 
them  all  to  be  attached  to  one  or  more  printed  copies  of  the 
measure  so  proposed  by  initiative  or  referendum  petitions; 
provided,  all  petitions  for  the  initiative  and  for  the  referen- 
dum and  sheets  for  signatures  shall  be  printed  on  a  good  qual- 
ity of  bond  or  ledger  paper  on  pages  8V2  inches  in  width  by 
13  inches  in  length,  with  a  margin  of  1%  inches  at  the  top  of 
binding;  if  the  aforesaid  sheets  shall  be  too  bulky  for  con- 
venient binding  in  one  volume,  they  may  be  bound  in  two  or 
more  volumes,  those  in  each  volume  to  be  attached  to  a  single 
printed  copy  of  such  measure.  If  any  such  measure  shall, 
at  the  ensuing  election,  be  approved  by  the  people,  then  the 
copies  thereof  so  preserved,  with  the  sheets  and  signatures 
and  affidavits,  and  a  certified  copy  of  the  Governor's  procla- 
mation declaring  the  same  to  have  been  approved  by  the  peo- 
ple, shall  be  bound  together  in  such  form  that  they  may  be 
conveniently  identified  and  preserved.  The  Secretary  of 
State  shall  cause  every  such  measure  so  approved  by  the 
people  to  be  printed  with  the  general  laws  enacted  by  the 
next  ensuing  session  of  the  Legislative  Assembly,  with  the 
date  of  the  Governor's  proclamation  declaring  the  same  to 
have  been  approved  by  the  people.  This  act  shall  not  apply 
to  the  general  laws  governing  the  method  of  determining 
whether  stock  of  any  kind  shall  be  permitted  to  run  at  large 
in  any  county  or  portion  thereof,  nor  to  the  provisions  of 
the  local  option  liquor  laws  providing  methods  of  determining 
whether  the  sale  of  intoxicating  liquors  shall  be  prohibited 
in  any  county,  city,  precinct,  ward  or  district.  [Laws  1913, 
Chap.  359,  p.  743.1 

§   3473.      Verification  of  Petition. 

Each  and  every  sheet  of  every  such  petition  contain- 
ing signatures  shall  be  verified  on  the  face  thereof,  in 
substantially  the  following  form,  by  the  person  who  cir- 
culated said  sheet  of  said  petition,  by  his  or  her  affidavit 
thereon  and  as  a  part  thereof. 

STATE  OF  OREGON,  / 

j-SS. 
COUNTY  OF  

I,  ,  being  first  duly  sworn,  say:     That  I  am 

personally  acquainted  with  all  the  persons  who  signed  this 


STATUTES  RELATING  TO  ELECTIONS.          117 

sheet  of  the  foregoing  petition,  and  each  of  them  signed  his 
or  her  name  thereto  in  my  presence;  I  believe  that  each  has 
stated  his  or  her  name,  post  office  address  and  residence  cor- 
rectly, and  that  each  signer  is  a  legal  voter  of  the  State  of 

Oregon  and  county  of  (Or  of  the  city  of 

,  as  the  case  may  be.) 

(Signature  and  post  office  address  of  affiant.) 

Subscribed  and  sworn  to  before  me  this  day  of , 

A.  D.  19....... 

(Signature  and  title  of  officer  before  whom  oath  is  made, 
and  his  post  office  address.) 

The  forms  herein  given  are  not  mandatory,  and  if  sub- 
stantially followed  in  any  petition  it  shall  be  sufficient,  dis- 
regarding clerical  and  merely  technical  errors.  [Laws  1913, 
Chap.  359,  p.  744.] 

t?    3474.      Mandamus   to   Compel   Filing1 — Jurisdiction    and   Procedure. 

If  the  Secretary  of  State  shall  refuse  to  accept  and  file  any 
petition  for  the  initiative  or  for  the  referendum  any  citizen 
may  apply,  within  ten  days  after  such  refusal,  to  the  circuit 
court  for  a  writ  of  mandamus  to  compel  him  to  do  so.  If  it 
shall  be  decided  by  the  court  that  such  petition  is  legally  suffi- 
cient, the  Secretary  of  State  shall  then  file  it,  with  a  certified 
copy  of  the  judgment  attached  thereto,  as  of  the  date  on  which 
it  was  originally  offered  for  filing  in  his  office.  On  a  showing 
that  any  petition  filed  is  not  legally  sufficient,  the  court  may 
enjoin  the  Secretary  of  State  and  all  other  officers  from  certi- 
fying or  printing  on  the  official  ballot  for  the  ensuing  election 
the  ballot  title  and  numbers  of  such  measure.  All  such  suits 
shall  be  advanced  on  the  court  docket  and  heard  and  decided 
by  the  court  as  quickly  as  possible.  Either  party  may  appeal 
to  the  Supreme  Court  within  ten  days  after  a  decision  is  ren- 
dered. The  circuit  court  of  Marion  County  shall  have  juris- 
diction in  all  cases  of  measures  to  be  submitted  to  the  electors 
of  the  State  at  large:  in  cases  of  local  and  special  measures, 
the  circuit  court  of  the  county,  or  of  one  of  the  counties  in 
which  such  measures  are  to  be  voted  upon,  shall  have  juris- 
diction; in  cases  of  municipal  legislation  the  circuit  court  of 
the  county  in  which  the  city  concerned  is  situated  shall  have 
jurisdiction. 

§   3475.      Attorney  General  to  Frame  Ballot  Title — Appeal. 

When  any  measure  shall  be  filed  with  the  Secretary  of 
State  to  be  referred  to  the  people  of  the  State,  or  of  any  county 
or  district  composed  of  one  or  more  counties,  either  by  the 
Legislative  Assembly  or  the  referendum  petition,  and  when 
any  measure  shall  be  proposed  by  initiative  petition,  the 


118          STATUTES  RELATING  TO  ELECTIONS. 


Secretary  of  State  shall  forthwith  transmit  to  tbe  Attorney 
General  of  the  State  a  copy  thereof,  and  within  ten  days  there- 
after the  Attorney  General  shall  provide  and  return  to  the 
Secretary  of  State  a  ballot  title  for  said  measure.  The  ballot 
title  shall  contain:  (1)  The  name  or  names  of  the  person  or 
persons,  organization,  or  organizations  under  whose  author- 
ity the  measure  was  initiated  or  referred.  (2)  A  distinctive 
short  title  in  not  exceeding  10  words  by  which  the  measure 
is  commonly  referred  to  or  spoken  of  by  the  public  or  press, 
and  (3)  a  general  title  which  may  be  distinct  from  the  legis- 
lative title  of  the  measure,  expressing  in  not  more  than 
100  words  the  purpose  of  the  measure.  The  ballot  title 
shall  be  printed  with  the  numbers  of  the  measure,  on  the  official 
ballot.  In  making  such  ballot  title  the  Attorney  General  shall, 
to  the  best  of  his  ability,  give  a  true  and  impartial  statement 
of  the  purpose  of  the  measure,  and  in  such  language  that  the 
ballot  title  shall  not  be  intentionally  an  argument,  or  likely 
to  'create  prejudice,  either  for  or  against  the  measure.  Any 
person  who  is  dissatisfied  with  the  ballot  title  provided  by  the 
Attorney  General  for  any  measure  may  appeal  from  his 
decision  to  the  circuit  court,  as  provided  by  the  Section  3474, 
by  petition,  praying  for  different  title  and  setting  forth  the 
reasons  why  the  title  prepared  by  the  Attorney  General  is 
insufficient  or  unfair.  No  appeal  shall  be  allowed  from  the 
decision  of  the  Attorney  General  on  a  ballot  title,  unless  the 
same  is  taken  within  10  days  after  said  decision  is  filed.  A 
copy  of  every  such  decision  shall  be  served  by  the  Secretary  of 
State  or  the  clerk  of  the  court,  upon  the  person  offering  or 
filing  such  initiative  or  referendum  petition,  or  appeal.  Service 
of  such  decision  may  be  by  mail  or  telegraph  and  shall  be  made 
forthwith.  Said  circuit  court  shall  thereupon  examine  said 
measure,  hear  arguments,  and  in  its  decision  thereon  certify 
to  the  Secretary  of  State  a  ballot  title  for  the  measure  in 
accord  with  the  intent  of  this  section.  The  decision  of  the 
circuit  court  shall  be  final.  The  Secretary  of  State  shall  print 
on  the  official  ballot  the  title  thus  certified  to  him.  [Laws 
1913,  Chap.  36,  p.  67.] 

§   3476.      Designation  and  Numbering  of  Measures. 

The  Secretary  of  State,  at  the  time  he  furnishes  to 
the  county  clerks  of  the  several  counties  certified  copies 
of  the  names,  of  the  candidates  for  State  and  district 
offices,  shall  furnish  to  each  of  said  county  clerks  his  certi- 
fied copy  of  the  ballot  titles  and  numbers  of  the  several 
measures  to  be  voted  upon  at  the  ensuing  general  election, 
and  he  shall  use  for  each  measure  the  ballot  title  designated 


STATUTES  RELATING  TO  ELECTIONS.          119 


in  the  manner  herein  provided.  Such  ballot  title  shall  not  re- 
semble, so  far  as  to  probably  create  confusion,  any  such  title 
previously  filed  for  any  measure  to  be  submitted  at  that 
election ;  he  shall  number  such  measures  and  such  ballot  titles 
shall  be  printed  on  the  official  ballot  in  the  order  in  which 
the  acts  referred  by  the  Legislative  Assembly  and  petitions 
by  the  people  shall  be  filed  in  his  office.  The  affirmative  of 
the  first  measure  shall  be  numbered  300  and  the  negative 
301  in  numerals,  and  the  succeeding  measures  shall  be  num- 
bered consecutively  302,  303,  304,  305,  and  so  on,  at  each 
election.  It  shall  be  the  duty  of  the  several  county  clerks  to 
print  said  ballot  titles  and  numbers  upon  the  official  ballot 
in  the  order  presented  to  them  by  the  Secretary  of  Sta'te  and 
the  relative  position  required  by  law.  Measures  referred  by 
the  Legislative  Assembly  shall  be  designated  by  the  heading 
"Ref erred  to  the  People  by  the  Legislative  Assembly" ;  meas- 
ures referred  by  petition  shall  be  designated  "Referendum 
Ordered  by  Petition  of  the  People" ;  measures  proposed  by 
initiative  petition  shall  be  designated  and  distinguished  on 
the  ballot  by  the  heading  "Proposed  by  Initiative  Petition". 
[Laws  1913,  Chap.  359,  p.  745.] 

8   3477.      Manner   of    Voting — Result   How   Determined. 

The  manner  of  voting  upon  measures  submitted  to  the  peo- 
ple shall  be  the  same  as  is  now  or  may  be  required  and  pro- 
vided by  law;  no  measure  shall  be  adopted  unless  it  shall 
receive  an  affirmative  majority  of  the  total  number  of 
respective  votes  cast  on  such  measure  and  entitled  to  be 
counted  under  the  provisions  of  this  act;  that  is  to  say,  sup- 
posing seventy  thousand  ballots  to  be  properly  marked  on 
any  measure,  it  shall  not  be  adopted  unless  it  shall  receive 
more  than  thirty-five  thousand  affirmative  votes.  If  two  or 
more  conflicting  laws  shall  be  approved  by  the  people  at  the 
same  election,  the  law  receiving  the  greatest  number  of 
affirmative  votes  shall  be  paramount  in  all  particulars  as  to 
which  there  is  a  conflict,  even  though  such  law  may  not  have 
received  the  greatest  majority  of  affirmative  votes.  If  two 
or  more  conflicting  amendments  to  the  constitution  shall  be 
approved  by  the  people  at  the  same  election,  the  amendment 
which  receives  the  greatest  number  of  affirmative  votes  shall 
be  paramount  in  all  particulars  as  to  which  there  is  conflict, 
even  though  such  amendment  may  not  have  received  the  great- 
est majority  of  affirmative  votes. 

§   3478.      Measures  and   Arguments  to  Be  Printed  and  Distributed. 

Not  later  than  the  ninetieth  day  before  any  regular 
general  election,  nor  later  than  30  days  before  any  special 


120          STATUTES  RELATING  TO  ELECTIONS. 

election,  at  which  any  proposed  law,  part  of  an  act  or  amend- 
ment to  the  constitution  is  to  be  submitted  to  the  people,  the 
Secretary  of  State  shall  cause  to  be  printed  in  pamphlet  form 
a  true  copy  of  the  title  and  text  of  each  measure  to  be  sub- 
mitted, with  the  number  and  form  in  which  the  ballot  title 
thereof  will  be  printed  on  the  official  ballot.  The  person, 
committee  or  duly  organized  officers  of  any  organization 
filing  any  petition  for  the  initiative,  but  no  other  person  or 
organization,  shall  have  the  right  to  file  with  the  Secretary 
of  State  for  printing  and  distribution  any  argument  advocat- 
ing such  measure ;  said  argument  shall  be  filed  not  later  than 
the  115th  day  before  the  regular  election  at  which  the  meas- 
ure is  to  be  voted  upon.  Any  person,  committee  or  organiza- 
tion may  file  with  the  Secretary  of  State,  for  printing  and 
distribution,  any  arguments  they  may  desire,  opposing  any 
measure,  not  later  than  the  105th  day  immediately  preceding 
such  election.  Arguments  advocating  or  opposing  any  meas- 
ure referred  to  the  people  by  the  Legislative  Assembly,  or  by 
referendum  petition,  at  a  regular  general  election,  shall  be 
governed  by  the  same  rules  as  to  time,  but  may  be  filed  with 
the  Secretary  of  State  by  any  person,  committee  or  organiza- 
tion; in  the  case  of  measures  submitted  at  a  special  election, 
all  arguments  in  support  of  such  measure  at  least  60  days 
before  such  election.  But  in  every  case  the  person  or  per- 
sons offering  such  arguments  for  printing  and  distribution 
shall  pay  to  the  Secretary  of  State  sufficient  money  to  pay 
all  the  expenses  for  paper  and  printing  to  supply  one  copy 
with  every  copy  of  the  measure  to  be  printed  by  the  State ; 
and  he  shall  forthwith  notify  the  persons  offering  the  same 
of  the  amount  of  money  necessary.  The  Secretary  of  State 
shall  cause  one  copy  of  each  of  said  arguments  to  be  bound  in 
the  pamphlet  copy  of  the  measures  to  be  submitted  as  herein 
provided,  and  all  such  measures  and  arguments  to  be  sub- 
mitted at  one  election  shall  be  bound  together  in  a  single 
pamphlet.  All  the  printing  shall  be  done  by  the  State,  and 
the  pages  of  said  pamphlet  shall  be  numbered  consecutively 
from  one  to  the  end.  The  pages  of  said  pamphlet  shall  be  six 
by  nine  inches  in  size  and  the  printed  matter  therein  shall 
be  set  in  six-point  Roman-faced  solid  type  on  not  to  exceed 
seven-point  body,  in  two  columns  of  13  ems  in  width  each  to 
the  page  with  six-point  dividing  rule  and  with  appropriate 
heads  and  printed  on  a  good  quality  of  book  paper  25  by  38 
inches  weighing  not  more  than  50  pounds  to  the  ream.  The 
title  page  of  every  measure  bound  in  said  pamphlet  shall 
show  its  ballot  title  and  ballot  number.  The  title  page  of  each 


STATUTES  RELATING  TO  ELECTIONS.          121 


argument  shall  show  the  measure  or  measures  it  favors  or 
opposes  and  by  what  persons  or  organization  it  is  issued. 
When  such  arguments  are  printed  he  shall  pay  the  State 
Printer  therefor  from  the  money  deposited  with  him  and  refund 
the  surplus,  if  any,  to  the  parties  who  paid  it  to  him.  The  cost 
of  printing,  binding  and  distributing  the  measures  proposed 
and  of  binding  and  distributing  the  arguments,  shall  be  paid 
by  the  State  as  a  part  of  the  State  printing,  it  being  intended 
that  only  the  cost  of  paper  and  printing  the  arguments  shall 
be  paid  by  the  parties  presenting  the  same,  and  they  shall  not 
be  charged  any  higher  rate  for  such  work  than  is  paid  by  the 
State  for  similar  work  and  paper.  Not  later  than  the  55th 
day  before  the  regular  general  election  at  which  such  meas- 
ures are  to  be  voted  upon  the  Secretary  of  State  shall  trans- 
mit by  mail,  with  postage  fully  prepaid,  to  every  voter  in 
the  State  whose  address  he  may  have,  one  copy  of  such 
pamphlet;  provided,  that  if  the  secretary  shall,  at  or  about 
the  same  time  be  mailing  any  other  pamphlet  to  every  voter, 
he  may,  if  practicable,  bind  the  matter  herein  provided  for 
in  the  first  part  of  said  pamphlet,  numbering  the  pages  of  the 
entire  pamphlet  consecutively  from  one  to  the  end,  or  he  may 
enclose  the  pamphlets  under  one  cover.  In  the  case  of  a 
special  election  he  shall  mail  said  pamphlet  to  every  voter 
not  less  than  twenty  days  before  said  special  election.  [Laws 
1913,  Chap.  359,  p.  745.] 

§   3479.      Counting  and  Canvass — Proclamation  of  Result. 

The  votes  on  measures  and  questions  shall  be  counted,  can- 
vassed, and  returned  by  the  regular  .boards  of  judges,  clerks 
and  officers,  as  votes  for  candidates  are  counted,  canvassed  and 
returned,  and  the  abstract  made  by  the  several  county  clerks 
of  votes  on  measures  shall  be  returned  to  the  Secretary  of 
State  on  separate  abstract  sheets,  in  the  manner  provided 
by  Section  3419,  for  abstracts  of  votes  for  State  and  county 
officers.  It  shall  be  the  duty  of  the  Secretary  of  State  in  the 
presence  of  the  Governor,  to  proceed  within  thirty  days  after 
the  election,  and  sooner  if  the  returns  be  all  received,  to 
canvass  the  votes  given  for  each  measure;  and  the  Governor 
shall  forthwith  issue  his  proclamation,  giving  the  whole  num- 
ber of  votes  cast  in  the  State  for  and  against  each  measure 
and  question,  and  declaring  such  measures  as  are  approved 
by  majority  of  those  voting  thereon  to  be  in  full  force  and 
effect  as  the  law  of  the  State  of  Oregon  from  the  date  of 
said  proclamation;  provided,  that  if  two  or  more  measures 
shall  be  approved  at  said  election  which  are  known  to  conflict 
writh  each  other  or  to  contain  conflicting  provisions  he  shall 


122          STATUTES  RELATING  TO  ELECTIONS. 


also  proclaim  which   is  paramount   in   accordance  with   the 
provisions  of  Section  3477. 

§   3480.      Procedure  in  Cities  and  Towns. 

In  all  cities  and  towns  which  have  not  or  may  not  provide  by 
ordinance  or  charter  for  the  manner  of  exercising  the  initiative 
and  referendum  powers  reserved  by  the  constitution  to  the 
people  thereof,  as  to  their  municipal  legislation,  the  duties 
required  of  the  Secretary  of  State  by  this  act,  as  to  State  legis- 
lation, shall  be  performed  as  to  such  municipal  legislation  by 
the  city  auditor,  clerk  or  recorder,  as  the  case  may  be;  the 
duties  required  of  the  Governor  shall  be  performed  by  the 
mayor  as  to  such  municipal  legislation,  and  the  duties  required 
by  this  act  of  the  Attorney  General  shall  be  performed  by  the 
city  attorney  as  to  such  municipal  legislation.  The  provisions 
of  this  act  shall  apply  in  every  city  and  town  in  all  matters 
concerning  the  operation  of  the  initiative  and  referendum  in 
its  municipal  legislation  on  which  such  city  or  town  has  not 
made  or  does  not  make  conflicting  provisions.  The  printing 
and  binding  of  measures  and  arguments  in  municipal  legis- 
lation shall  be  paid  for  by  the  city  in  like  manner  as  payment 
is  provided  for  by  the  State  as  to  State  legislation  by  Section 
3478,  and  said  printing  shall  be  done  in  the  same  manner 
that  other  municipal  printing  is  done;  distribution  of  said 
pamphlets  shall  be  made  to  every  voter  in  the  city,  so  far 
as  possible,  by  the  city  clerk,  auditor,  or  recorder,  as  the 
case  may  be,  either  by  mail  or  carrier,  not  less  than  eight 
days  before  the  election  at  which  the  measures  are  to  be  voted 
upon.  Arguments  supporting  municipal  measures  shall  be 
filed  with  the  city  clerk',  auditor,  or  recorder,  not  less  than 
thirty  days  before  the  election  at  which  they  are  to  be  voted 
upon ;  opposing  arguments  shall  be  filed  not  less  than  twenty 
days  before  said  election.  It  is  intended  to  make  the  pro- 
cedure in  municipal  legislation  as  nearly  as  practicable  the 
same  as  the  initiative  and  referendum  procedure  for  measures 
relating  to  the  people  of  the  State  at  large. 

§   3481.      Signatures   Required   on   Referendum — When   City   Registra- 
tion to  Take  Effect. 

Referendum  petitions  against  any  ordinance,  franchise,  or 
resolution  passed  by  a  city  council  shall  be  signed  by  not  less 
than  ten  per  cent  of  the  voters  of  said  city,  and  said  signatures 
shall  be  verified  in  the  manner  herein  provided;  the  petition 
shall  be  filed  with  the  city  clerk,  auditor,  or  recorder,  as  the 
case  may  be,  within  thirty  days  after  the  passage  of  such  ordi- 
nance, resolutions  or  franchise.  No  city  ordinance,  resolu- 
tion, or  franchise  shall  take  effect  and  become  operative  until 


STATUTES  RELATING  TO  ELECTIONS.          123 


thirty  days  after  its  passage  by  the  council  and  approved  by 
the  mayor,  unless  the  same  shall  be  passed  over  his  veto,  and 
in  that  case  it  shall  not  take  effect  and  become  operative  until 
thirty  days  after  such  final  passage,  except  measures  neces- 
sary for  the  immediate  preservation  of  the  peace,  health  or 
safety  of  the  city;  and  no  such  emergency  measure  shall 
become  immediately  operative  unless  it  shall  state  in  a  sep- 
arate section  the  reasons  why  it  is  necessary  that  it  should 
become  immediately  operative,  and  shall  be  approved  by  the 
affirmative  vote  of  three-fourths  of  all  the  members  elected 
to  the  city  council,,  taken  by  ayes  and  noes,  and  also  approved 
by  the  mayor. 

§   3482.      Initiative  Measures  in  Cities. 

If  any  ordinance,  charter  or  amendment  to  the  charter  of 
any  city  shall  be  proposed  by  initiative  petition,  said  petition 
shall  be  filed  with  the  city  clerk,  auditor,  or  recorder,  as  the 
case  may  be,  and  he  shall  transmit  it  to  the  next  session  of 
the  city  council.  The  council  shall  either  ordain  or  reject 
the  same,  as  proposed,  within  thirty  days  thereafter,  and  if 
the  council  shall  reject  said  proposed  ordinance  or  amend- 
ment, or  shall  take  no  action  thereon,  then  the  city  clerk, 
auditor  or  recorder,  as  the  case  may  be,  shall  submit  the 
same  to  the  voters  of  the  city  or  town  at  the  next  ensuing 
election  held  therein  not  less  than  ninety  days  after  the  same 
was  first  presented  to  the  city  council.  The  council  may 
ordain  said  ordinance  or  amendment  and  refer  it  to  the  peo- 
ple, or  it  may  ordain  such  ordinance  without  referring  it  to 
the  people,  and  in  that  case  it  shall  be  subject  to  referendum 
petition  in  like  manner  as  other  ordinances;  if  the  council 
shall  reject  said  ordinance  or  amendment,  or  take  no  action 
thereon,  it  may  ordain  a  competing  ordinance  or  amendment, 
which  shall  be  submitted  by  the  city  clerk,  auditor  or  recorder, 
as  the  case  may  be,  to  the  people  of  the  said  city  or  town,  at 
the  same  election  at  which  said  initiative  proposal  is  sub- 
mitted. Such  competing  ordinance  or  amendment,  if  any, 
shall  be  prepared  by  the  council  and  ordained  within  thirty 
days  allowed  for  its  action  on  the  measure  proposed  by 
initiative  petition.  The  mayor  shall  not  have  power  to  veto 
either  of  such  measures.  If  conflicting  ordinances  or  charter 
amendments  shall  be  submitted  to  the  people  at  the  same 
election,  and  two  or  more  of  such  conflicting  measures  shall 
be  approved  by  the  people,  then  the  measure  which  shall  have 
received  the  greatest  number  of  affirmative  votes  shall  be 
paramount  in  all  particulars  as  to  which  there  is  conflict, 
even  though  such  measure  may  not  have  received  the  greatest 
majority.  Amendments  to  any  city  charter  may  be  proposed 


124          STATUTES  RELATING  TO  ELECTIONS. 


and  submitted  to  the  people  by  the  city  council,  with  or  with- 
out an  initiative  petition,  but  the  same  shall  be  filed  with  the 
city  clerk  for  submission  not  less  than  sixty  days  before  the 
election  at  which  they  are  to  be  voted  upon,  and  no  amend- 
ment of  a  city  charter  shall  be  effective  until  it  is  approved 
by  a  majority  of  the  votes  cast  thereon  by  the  people  of  the 
city  or  town  to  which  it  applies.  The  city  council  may  by 
ordinance  order  special  elections  to  vote  on  municipal  meas- 
ures. 

§   3483.      Qualifications   of   Signers   of   Petitions — Penalties. 

Every  person  who  is  a  qualified  elector  of  the  State  of  Ore- 
gon may  sign  a  petition  for  the  referendum  or  for  the  initia- 
tive for  any  measure  which  he  is  legally  entitled  to  vote 
upon.  Any  person  signing  any  name  other  than  his  own  to 
any  petition,  or  knowingly  signing  his  name  more  than  once 
for  the  same  measure  at  one  election,  or  who  is  not  at  the 
time  of  signing  the  same  a  legal  voter  of  this  State,  or  any 
officer  or  person  willfully  violating  any  provision  of  this 
statute,  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
not  exceeding  $500,  or  by  imprisonment  in  the  penitentiary 
not  exceeding  two  years,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court  before  which  such  con- 
viction shall  be  had. 

$   3484.      Referendum    on    Laws    Affecting    County    or    District. 

That  any  law  enacted  by  the  legislative  assembly,  relating 
only  to  any  county  or  district  in  the  State  of  Oregon,  other 
than  municipal  corporations,  may  be  referred  to  the  people 
of  such  county  or  district  for  their  approval  or  rejection  in 
the  same  manner  as  now  or  hereafter  provided  by  law  for  the 
reference  of  general  laws  to  the  people  of  the  entire  State, 
excepting  that  when  any  law  relates  only  to  one  county  the 
county  clerk  shall  be  substituted  for  the  Secretary  of  State, 
the  district  attorney  for  the  Attorney  General,  and  the  county 
judge  for  the  Governor.  When  any  law  affects  any  district 
consisting  of  more  than  one  county,  it  shall  be  referred  in 
the  manner  provided  for  the  reference  of  acts  affecting  the 
entire  State,  except  that  the  petition  therefor  shall  be  signed 
only  by  the  voters  of  such  district,  and  in  both  counties  and 
districts  the  percentage  shall  be  computed  on  the  vote  at  the 
preceding  election  in  such  county  or  district  for  Supreme 
Judge. 

§   3485.      Secretary  of  State  to  Be  Notified  and  Result  Certified  to  Him. 

When  any  petition  for  the  referendum  is  filed  with  any 
county  clerk,  he  shall  notify  the  Secretary  of  State,  by  regis- 


STATUTES  RELATING  TO  ELECTIONS.          125 


tered  letter,  of  that  fact,  and  when  the  election  thereon  has 
been  held,  and  the  vote  thereon  canvassed,  he  shall  certify 
the  result  to  the  Secretary  of  State  in  like  manner. 

CORRUPT    PRACTICES    ACT. 
§   3486.      Expenditures    of   Candidates    Limited. 

No  sums  of  money  shall  be  paid,  and  no  expenses  authorized 
or  incurred  by  or  on  behalf  of  any  candidate  to  be  paid  by 
him,  except  such  as  he  may  pay  to  the  State  for  printing,  as 
herein  provided,  in  his  campaign  for  nomination  to  any  public 
office  or  position  in  this  State,  in  excess  of  fifteen  per  cent 
of  one  year's  compensation  or  salary  of  the  office  for  which 
he  is  a  candidate;  provide,  that  no  candidate  shall  be 
restricted  to  less  than  one  hundred  dollars  in  his  campaign 
for  such  nomination.  No  sums  of  money  shall  be  paid,  and 
no  expenses  authorized  or  incurred  contrary  to  the  provisions 
of  this  act  for  or  on  behalf  of  any  candidate  for  nomination. 
For  the  purposes  of  this  law  the  contribution,  expenditure,  or 
liability  of  a  descendant,  ascendant,  brother,  sister,  uncle, 
aunt,  nephew,  niece,  wife,  partner,  employer,  employee,  or 
fellow  official  or  fellow  employee  of  a  corporation  shall  be 
deemed  to  be  that  of  the  candidate  himself. 

§   3487.      Candidates  and  Opponents  May  File  Arguments,  Etc. 

Any  candidate,  and  unless  he  notifies  the  Secretary 
of  State  that  he  refuses  them  permission,  the  friends  of 
any  candidate  for  nomination  to  any  State  or  district  office 
when  the  district  is  composed  of  one  or  more  counties,  may 
file  with  the  Secretary  of  State,  for  publication  as  herein  pro- 
vided, not  later  than  the  35th  day  before  the  biennial  primary 
nominating  election,  with  his  portrait  cut  if  he  wishes,  a 
printed  or  typewritten  statement  or  statements,  on  the  con- 
ditions hereinafter  set  forth,  over  his  or  their  signatures,  stat- 
ing the  reasons  why  he  should  be  nominated.  Any  person  or 
persons  opposing  the  nomination  of  any  such  candidate  may, 
not  later  than  the  35th  day  before  said  nominating  election, 
file  with  the  Secretary  of  State  their  printed  or  typewritten 
statements  over  their  signatures,  of  the  reason  why  such  can- 
didate shouM  not  be  nominated,  but  every  such  statement 
shall  be  accompanied  by  proof,  by  affidavit  or  sheriff's  return, 
that  they  have  caused  to  be  served  personally  and  in  person, 
upon  such  candidate  a  true  copy  of  such  statement.  Each  can- 
didate shall  be  allowed  one  page  of  printed  matter  and  those 
opposing  him  shall  each  be  allowed  one  page  of  space  on  equal 
terms  with  him  as  hereinafter  provided.  Nothing  in  this  law 
shall  be  deemed  to  make  any  such  statement  or  the  authors 


126          STATUTES  RELATING  TO  ELECTIONS. 

thereof  free  or  exempt  from  any  civil  or  criminal  action  or 
penalty,  because  of  any  false,  slanderous  or  libelous  state- 
ments offered  for  printing  or  contained  in  said  pamphlet.  The 
person  or  persons  procuring,  making,  composing  or  offering 
such  statement  for  filing  shall  be  deemed  the  authors  and  pub- 
lishers thereof.  [Laws  1913,  Chap.  207,  p.  395.] 

§   3488.      Payment   for   Space   in   Publication. 

Candidates  for  nomination  shall  pay  for  one  page  of  space 
in  the  publication  herein  provided  for  as  follows:  For  the 
office  of  United  States  Senator  in  Congress,  one  hundred  dol- 
lars :  for  Representative  in  Congress,  one  hundred  dollars :  for 
Justice  of  the  Supreme  Court,  seventy-five  dollars;  for  Gov- 
ernor, one  hundred  dollars ;  for  Secretary  of  State,  one  hundred 
dollars;  for  State  Treasurer,  one  hundred  dollars;  for  State 
Printer,  one  hundred  dollars:  for  State  Superintendent  of 
Public  Instruction  and  Attorney  General,  each  seventy-five  dol- 
lars: for  Commissionpr  of  Labor  Statistics  and  Inspector  of 
Factories  and  Work  Shot>s,  fifty  dollars :  for  Senator  or  Repre- 
sentative in  the  Legislative  Assembly,  ten  dollars;  for  circuit 
iude'e  and  district  attorney,  fifty  dollars  each;  for  candidates 
for  any  other  office  for  a  district  consisting  of  one  or  more 
counties,  or  State  office,  twenty-five  dollars.  Any  candidate 
may  have  additional  space  at  the  rate  of  one  hundred  dollars 
per  pae-e,  but  no  payment  shall  be  received  for  less  than  a  full 
pag-p:  provided,  that  not  more  than  three  additional  pages 
shall  be  allowed  to  any  one  candidate.  All  payments  required 
bv  this  section  shall  be  made  to  the  Secretary  of  State  when 
the  statement  is  offered  to  him  for  filing,  and  be  by  him  paid 
into  the  general  fund  in  the  State  treasury. 

§   3489.      Statements,   Etc.,   to  Be  Printed,   Bound,   and  Distributed. 

Not  later  than  the  thirty-third  day  before  the  primary 
nominating  election,  the  Secretary  of  State  shall  hand  to  the 
State  Printer  all  of  such  statements  and  portrait  cuts,  prop- 
erly compiled,  edited,  prepared  and  indexed  for  printing.  It 
shall  be  the  State  Printer's  duty  to  print  and  bind  the  same 
in  pamphlet  form,  printing  the  pictures  of  candidates  with 
and  as  a  part  of  their  several  statements  where  such  portrait 
cuts  are  offered ;  statements  of  those  who  directly  oppose  any 
candidate  shall  follow  next  after  his  statement.  All  of  the 
statements  filed  for  and  against  all  the  candidates  for  nomina- 
tion to  each  office  shall  be  printed  in  the  order  in  which  candi- 
dates' names  are  grouped  under  the  title  to  their  offices  on  the 
official  ballot  at  the  nominating  election.  In  preparing  said 
pamphlets  for  printing  the  Secretary  of  State  shall  compile 


STATUTES  RELATING  TO  ELECTIONS.          127 

the  copy  for  the  same  in  such  form  as  to  make  it  most  con- 
venient for  the  State  Printer  to  print  and  bind  under  one 
cover,  separately  for  each  political  party,  the  statements  only 
of  candidates  to  be  voted  for  by  members  of  that  party  for 
nomination  in  the  same  electoral  district  or  division ;  that  is  to 
say,  the  statements  and  arguments  of  all  candidates  seeking 
Republican  votes  in  Multnomah  County  for  nomination  by  the 
Republican  party  to  State  and  district  offices,  for  a  district 
comprising  one  county  or  more,  shall  be  printed  and  bound 
under  one  cover,  and  the  same  with  the  Democratic  and  any 
other  party  required  to  nominate  its  candidates  at  said  nom- 
inating election.  The  same  method  shall  be  applied  in  print- 
ing the  pamphlets  for  all  other  counties  and  districts,  but  no 
picture,  statement  or  argument  for  or  against  any  candidate 
for  nomination  shall  be  included  in  the  copy  of  said  pamphlet 
going  to  any  county  where  such  candidate  is  not  to  be  voted 
for.  The  State  Printer  shall  begin  the  delivery  of  said  pamph- 
lets to  the  Secretary  of  State  as  quickly  as  possible,  and  not 
later  than  the  23rd  day  before  the  nominating  election,  and 
complete  the  same  not  later  than  the  17th  day  before  said 
nominating  election,  printing  and  delivering  first  so  far  as 
practicable,  the  pamphlets  for  the  counties  in  the  order  of 
their  distance  from  the  State  Capitol.  At  the  time  of  deliver- 
ing the  copy  to  the  State  Printer  the  Secretary  of  State  shall 
order  the  number  of  copies  he  estimates  will  be  necessary  for 
each  county.  [Laws  1913,  Chap.  207,  p.  396.] 

§   3490.      Mailing  of  Pamphlets  to  Voters. 

The  several  county  clerks  shall  obtain  the  postoffice 
address  of  each  voter  at  the  time  he  or  she  registers  and 
at  the  end  of  each  week  during  the  period  the  books  of  regis- 
tration are  open  for  the  registration  of  electors  prior  to  a 
primary  or  a  general  election,  prepare  and  transmit  to  the 
Secretary  of  State,  the  name,  post  office  address  and  party 
registration  of  every  voter  registered  during  such  period  in 
their  respective  counties.  At  least  eight  days  before  the  regu- 
lar biennial  primary  nominating  election,  the  Secretary  of 
State  shall  forward  by  mail  to  every  voter  who  is  registered 
as  a  member  of  one  of  the  several  political  parties  required 
to  nominate  their  candidates  at  such  nominating  election,  a 
copy  of  the  pamphlet  of  his  political  party,  containing  the 
names  and  statements  herein  provided  for.  The  pages  of  the 
pamphlets  required  by  this  act  shall  be  six  by  nine  inches  in 
size,  and  the  printed  matter  therein  shall  be  set  in  eight-point 
roman-faced  type,  single  leaded,  and  25  ems  pica  in  width, 


128     ,     STATUTES  RELATING  TO  ELECTIONS. 

with  proper  heads.  In  the  foot  margin  of  every  page  of  the 
party  pamphlets  for  nominating  election  shall  be  shown  the 
authority  for  the  information  therein,  as  "This  information 
furnished  by  (name  of  candidate  or  name  of  his  friends  or 
opponents) ",  as  the  case  may  be.  In  the  foot  margin  of  every 
page  of  the  pamphlet  herein  provided  for  the  general  election 
shall  be  shown  the  authority  for  the  statements  thereof,  as 
"This  information  furnished  by  (title  of  committee  or  man- 
aging agent  of  the  political  party  or  name  of  the  independent 
candidate),"  as  the  case  may  be.  [Laws  1913,  Chap.  207, 
p.  397.] 

§   3491.      When   Party   Committees    to   File    Statements. 

Not  later  than  the  fortieth  day  before  the  regular  biennial 
general  election  the  state  executive  committee  or  man- 
aging officers  of  any  political  party  or  organization  having 
nominated  candidates,  but  no  others  except  independent  can- 
didates, may  file  with  the  Secretary  of  State  portrait  cuts  of 
its  candidates  and  typewritten  statements  and  arguments  for 
the  success  of  its  principles  and  the  election  of  its  candidates, 
and  opposing  or  attacking  the  principles  and  candidates  of  all 
other  parties.  Not  later  than  the  38th  day  before  said  general 
election  the  Secretary  of  State  shall  deliver  to  the  State 
Printer,  properly  compiled  and  prepared  for  printing,  the 
said  portrait  cuts,  statements  and  arguments,  with  an  order 
for  the  number  of  pamphlet  copies  of  the  same  necessary  to 
supply  one,  at  least,  complete  as  to  the  candidates  to  be  voted 
for  in  any  county  for  which  the  same  may  be  designed,  for 
every  registered  voter  within  the  State  of  Oregon.  The  State 
Printer  shall  begin  delivering  said  pamphlets  to  the  Secretary 
of  State  as  soon  as  possible  and  shall  complete  the  same  within 
20  days.  The  Secretary  of  State  shall  begin  mailing  the 
pamphlets  to  the  voters  of  the  State  as  soon  as  they  are  deliv- 
ered to  him  and  shall  complete  the  mailing  on  or  before  the 
tenth  day  before  said  general  election.  [Laws  1913,  Chap. 
207,  p.  397.] 

§   ;5i92.      Further   of  Pamphlets — Payment   to   State. 

All  the  portrait  cuts,  statements  and  arguments  of  all  the 
political  parties  and  independent  candidates  shall  be  bound 
together  in  one  pamphlet,  and  no  party  shall  have  more  than 
twenty-four  pages,  nor  an  independent  candidate  more  than 
two  pages  therein.  The  political  parties  and  independents 
shall  pay  to  the  Secretary  of  State  for  the  public  treasury  for 
said  pamphlet  at  the  time  of  filing  their  copy  with  him,  at 
the  rate  of  fifty  dollars  for  each  printed  page  of  space  in  said 


STATUTES   RELATING   TO   ELECTIONS.  129 


pamphlet  used  by  such  party  or  independent  candidate.  The 
provisions  of  the  preceding  sections  requiring  estimates  of 
the  number  of  pamphlets  for  each  county,  limitations  on  the 
candidates'  names,  statements  and  pictures  to  be  included  in 
the  pamphlets  going  to  each  county,  and  the  manner  of  dis- 
tribution, shall  apply  in  like  manner  to  the  pamphlets  herein 
provided  for  the  general  election. 

(f  )  Every  person  regularly  nominated  by  a  political  party, 
recognized  as  such  by  the  laws  of  Oregon,  for  President  or 
Vice-President  of  the  United  States,  or  for  any  office  to  be 
voted  for  by  the  electors  of  the  State  at  large,  or  for  Senator 
or  Representative  in  Congress  shall  be  entitled  to  use  four 
pages  of  printed  space  in  the  State  campaign  book  provided 
for  by  Sections  3491  and  3492  of  the  above  entitled  "Law 
to  limit  candidates'  election  expenses;  to  define,  prevent  and 
punish  corrupt  and  illegal  practices  in  nominations  and  elec- 
tions ;  to  secure  and  protect  the  purity  of  the  ballot  ;  to  amend 
Section  3317;  to  provide  for  furnishing  information  to  the 
electors  and  to  provide  the  manner  of  conducting  contests 
for  nominations  and  elections  in  certain  cases,"  as  printed 
on  pages  15  to  38  of  the  volume  of  the  General  Laws  of 
Oregon  for  1909.  In  this  space,  the  candidate,  or  his  sup- 
porters with  his  written  permission  filed  with  the  Secretary 
of  State,  may  set  forth  the  reasons  why  he  should  be  elected. 
No  charge  shall  be  made  against  candidates  for  President  and 
Vice-President  of  the  United  States  for  this  printed  space. 
The  other  candidates  above  named  shall  pay  at  the  rate  of  one 
hundred  dollars  per  printed  page  for  said  space,  and  said  pay- 
ment shall  not  be  counted  as  a  part  of  the  ten  per  cent  of  one 
year's  salary  that  each  candidate  is  allowed  to  spend  for  cam- 
paign purposes.  If  this  bill  shall  be  approved  by  the  people 
the  title  of  bill  shall  stand  as  the  title  of  the  law.  [(f)  Laws 
1911,  Chap.  5.] 


Expenditures  by  Nominees  and  Parties  Limited. 

No  sums  of  money  shall  be  paid  and  no  expenses  author- 
ized or  incurred  by  or  on  behalf  of  any  candidate  who  has 
received  the  nomination  to  any  public  office  or  position  in 
this  State,  except  such  as  he  may  contribute  towards  pay- 
ment for  his  political  party's  or  independent  statement  in  the 
pamphlet  herein  provided  for,  to  be  paid  by  him  in  his  cam- 
paign for  election,  in  excess  of  ten  per  cent  of  one  year's  salary 
or  compensation  of  the  office  for  which  he  is  nominated; 
provided,  that  no  candidate  shall  be  restricted  to  less  than 
one  hundred  dollars.  No  sums  of  money  shall  be  paid  and 
no  expenses  authorized  or  incurred  by  or  on  behalf  of  any 
political  party  or  organization  to  promote  the  success  of  the 


130          STATUTES  RELATING  TO  ELECTIONS. 

principles  or  candidates  of  such  party  or  organization,  con- 
trary to  the  provisions  of  this  act.  For  the  purposes  of  this 
act  the  contribution,  expenditure  or  liability  of  a  descendant, 
ascendant,  brother,  sister,  uncle,  aunt,  nephew,  niece,  wife, 
partner,  employer,  employee  or  fellow  official  or  fellow 
employee  of  a  corporation  shall  be  deemed  to  be  that  of  the 
candidate  himself. 

§   3494.      Candidates'   Statements,   Etc.,   in  Cities. 

In  cities  of  more  than  ten  thousand  population,  any  can- 
didate for  nomination  or  election  to  any  elective  municipal 
office  may  file  with  the  city  clerk,  auditor  or  recorder,  not 
later  than  the  fifteenth  day  before  the  municipal  primary 
nominating  election,  a  statement  of  the  reasons  why  he  should 
be  nominated  and  elected,  and  portrait  cut  if  he  desires,  on 
the  conditions  hereinafter  set  forth.  Such  candidate  shall  pay 
for  the  services  herein  provided  at  the  rate  of  twenty  dollars 
for  each  printed  page  of  space;  no  payment  shall  be  received 
for  less  than  a  full  page.  All  payments  made  under  this 
section  shall  be  made  to  the  city  clerk,  auditor  or  recorder  at 
the  time  the  statement  is  offered  to  him  for  filing,  and  shall 
be  by  him  paid  into  the  general  fund  in  the  city  treasury. 
The  city  clerk,  auditor  or  recorder  shall  properly  compile, 
edit,  prepare  and  index  said  statements  and  arguments  for 
printing,  and  if  there  shall  be  any  municipal  measures  to  be 
voted  upon  at  the  ensuing  municipal  election  he  may  bind  in 
with  said  pamphlet  a  copy  of  each  and  of  the  arguments  sub- 
mitted thereon  in  like  manner  as  the  Secretary  of  State  is 
required  to  do  in  State  elections,  and  shall  cause  the  same  to 
be  printed  in  the  same  manner  that  other  city  printing  is  done, 
and  have  them  all  bound  under  one  cover;  and  he  shall,  at 
least  eight  days  before  the  regular  nominating  election,  for- 
ward a  copy  of  said  pamphlet  with  postage  fully  prepaid,  to 
each  voter  in  the  city  whose  postoffice  address  he  may  have 
or  can  obtain  from  the  city  directory,  registration  books  or 
otherwise.  The  provisions  of  this  section  shall  not  apply  to 
cities  of  less  than  ten  thousand  inhabitants,  as  shown  by  the 
census  next  preceding  such  municipal  election.  The  provisions 
of  the  preceding  sections  for  statements  opposing  candidates 
shall  apply  also  to  municipal  elections,  under  this  section,  sub- 
ject to  the  same  rules  of  filing,  payments,  etc.,  required  of 
candidates'  statements  by  this  section. 

§   3495.      Definition  of  Terms. 

Terms  used  in  this  act  shall  be  construed  as  follows,  unless 
other  meaning, is  clearly  apparent  from  the  language  or  con- 
text, or  unless  such  construction  is  inconsistent  with  the  mani- 
fest intent  of  the  law : 


STATUTES  RELATING  TO  ELECTIONS.          131 

"Persons"  shall  apply  to  any  individual,  male  or  female, 
and,  where  consistent  with  collective  capacity,  to  any  com- 
mittee, firm,  partnership,  club,  organization,  association,  cor- 
poration, or  other  combination  of  individuals. 

"Candidate"  shall  apply  to  any  person  whose  name  is  printed 
on  an  official  ballot  for  public  office,  or  whose  name  is  ex- 
pected to  be  or  has  been  presented  for  public  office,  with  his 
consent,  for  nomination  or  election. 

"Political  agent"  shall  apply  to  any  person  who,  upon 
request  or  under  agreement,  receives  or  disburses  money  in 
behalf  of  a  candidate. 

"Political  committee"  shall  apply  to  every  combination  of 
two  or  more  persons  who  shall  aid  or  promote  the  success 
or  defeat  of  a  candidate,  or  a  political  party  or  principle,  and 
the  provisions  of  law  relating  thereto  shall  apply  to  any  firm 
or  partnership,  to  any  corporation,  and  to  any  club,  organ- 
ization, associataion,  or  other  combination  of  persons,  whether 
incorporated  or  not,  with  similar  purposes,  whether  primary 
or  incidental. 

"Public  office"  shall  apply  to  any  national,  state,  county  or 
city  office  to  which  a  salary  attaches  and  which  is  filled  by  the 
voters,  as  well  as  to  the  office  of  presidential  elector,  United 
States  Senator,  or  presiding  officer  of  either  branch  of  the 
legislature. 

"Give,"  "provide,"  "expend,"  "contribute,"  "receive,"  "ask," 
"solicit,"  and  like  terms,  with  their  corresponding  nouns,  shall 
apply  to  money,  its  equivalent,  or  any  other  valuable  thing, 
shall  include  the  promise,  advance,  deposit,  borrowing,  or  loan 
thereof,  and  shall  cover  all  or  any  part  of  a  transaction, 
whether  it  be  made  directly  or  indirectly. 

None  of  the  provisions  of  this  act  shall  be  construed  as 
relating  to  the  rendering  of  services  by  speakers,  writers,  pub- 
lishers, or  others,  for  which  no  compensation  is  asked  or 
given;  nor  to  prohibit  expenditure  by  committees  of  political 
parties  or  organizations  for  public  speakers,  music,  halls, 
lights,  literature,  advertising,  office  rent,  printing,  postage, 
clerk  hire,  challengers  or  watchers  at  the  polls,  traveling  ex- 
pences,  telegraphing,  telephoning,  or  the  making  of  poll  lists. 

8    :?496.      Candidates    to    File    Itemized    Sworn    Statement    of    Expendi- 
tures. 

Every  candidate  for  nomination  or  election  to  the 
office  of  delegate  to  a  party  national  convention,  Elector  of 
President  and  Vice-President  of  the  United  States,  United 
States  Senator  in  Congress,  Representative  in  Congress,  Gov- 
ernor, Secretary  of  State,  State  Treasurer,  Justice  of  the  Su- 
preme Court,  Attorney  General,  Superintendent  of  Public  In- 


132          STATUTES  RELATING  TO  ELECTIONS. 

struction,  State  Printer,  State  Engineer,  Dairy  and  Food  Com- 
missioner, Commissioner  of  the  Bureau  of  Labor  Statistics  and 
Inspector  of  Factories  and  Workshops,  Commissioner  of  the 
Railroad  Commission  of  Oregon,  Superintendent  of  a  Water 
Division,  Judge  of  Circuit  Court,  District  or  Prosecuting  At- 
torney or  for  State  Senator  or  Representative  in  the  Legisla- 
tive Assembly,  or  other  office  to  be  voted  for  in  the  State  at 
large  or  in  a  district  composed  of  one  or  more  counties,  shall 
file  with  the  Secretary  of  State,  within  15  days  after  the  elec- 
tion at  which  he  was  a  candidate,  but  with  the  county  clerk  for 
county  and  district  or  precinct  offices  within  the  county,  and 
with  the  town  clerk,  auditor  or  recorder  of  the  city  or  town  in 
which  he  resides,  if  he  was  a  candidate  for  a  town,  city  or 
ward  office,  an  itemized  sworn  statement  setting  forth  in  detail 
all  the  moneys  contributed,  expended  or  promised  by  him  to  aid 
and  promote  his  nomination  or  election,  or  both,  as  the  case  may 
be,  and  for  the  election  of  his  party  candidates,  and  all  exist- 
ing unfulfilled  promises  of  every  character  and  all  liabilities 
remaining  uncanceled  and  in  force  at  the  time  such  statement 
is  made,  whether  such  expenditures,  promises  and  liabilities 
were  made  or  incurred  before,  during  or  after  such  election. 
If  no  money  or  other  valuable  thing  was  given,  paid,  expended, 
contributed  or  promised,  and  no  unfulfilled  liabilities  were 
incurred  by  a  candidate  for  public  office  to  aid  or  promote  his 
nomination  or  election,  or  the  election  of  his  party  candidates, 
he  shall  file  a  statement  to  that  effect  within  15  days  after  the 
election  at  which  he  was  a  candidate.  Any  candidate  who 
shall  fail  to  file  such  a  statement  shall  be  fined  $25  for  every 
day  on  which  he  was  in  default,  unless  he  shall  be  excused  by 
the  court.  Fifteen  days  after  any  such  election  the  Secretary 
of  State,  or  county  clerk,  town  clerk,  auditor  or  recorder,  as 
the  case  may  be,  shall  notify  the  District  Attorney  of  any 
failure  to  file  such  a  statement  on  the  part  of  any  candidate, 
and  within  10  days  thereafter  such  prosecuting  officer  shall 
proceed  to  prosecute  said  candidate  for  such  offense.  [Laws 
1913,  Chap.  207,  p.  398.] 

§   3497.      Accounts  to  Be  Kept  by  Committees  and  Others. 

Every  political  committee  shall  have  a  treasurer,  who  is 
a  voter,  and  shall  cause  him  to  keep  detailed  accounts  of  all  its 
receipts,  payments  and  liabilities.  Similar  accounts  shall  be 
kept  by  every  person,  who  in  the  aggregate  receives  or  expends 
money  or  incurs  liabilities  to  the  amount  of  more  than  fifty 
dollars  for  political  purposes  and  by  every  political  agent 
and  candidate.  Such  accounts  shall  cover  all  transactions 
in  any  way  affecting  or  connected  with  the  political  can- 


STATUTES  RELATING  TO  ELECTIONS.          133 

vass,  campaign,  nomination  or  election  concerned.  Every 
person  receiving  or  expending  money  or  incurring  liability  by 
authority  or  in  behalf  of  or  to  promote  the  success  or  defeat 
of  such  committee,  agent,  candidate  or  other  person  or  political 
party  or  •  organization,  shall,  on  demand,  and  in  any  event 
within  fourteen  days  after  such  receipt,  expenditure  or  incur- 
rence  of  liability,  give  such  treasurer,  agent,  candidate  or 
other  person  on  whose  behalf  such  expense  or  liability  was  in- 
curred detailed  account  thereof,  with  proper  vouchers.  Every 
payment,  except  payments  less  in  the  aggregate  than  five  dol- 
lars to  any  person,  shall  be  vouched  for  by  a  receipted  bill 
stating  the  particulars  of  expense.  Every  voucher,  receipt  and 
account  hereby  required  shall  be  a  part  of  the  accounts  and 
files  of  such  treasurer,  agent,  candidate  or  other  person,  and 
shall  be  preserved  by  the  public  officer  with  whom  it  shall  be 
filed  for  six  months  after  the  election  to  which  it  refers.  Any 
person  not  a  candidate  for  any  office  or  nomination  who  ex- 
pends money  or  value  to  an  amount  greater  than  fifty  dollars 
in  any  campaign  for  nomination  or  election,  to  aid  in  the  elec- 
tion or  defeat  of  any  candidate  or  candidates,  or  party  ticket, 
or  measure  before  the  people,  shall  within  ten  days  after  the 
election  in  which  said  money  or  value  was  expended,  file  with 
the  Secretary  of  State  in  the  case  of  a  measure  voted  upon  by 
the  people,  of  the  state  or  district  officers  for  districts  composed 
of  one  or  more  counties,  or  with  the  county  clerk  for  county 
officers,  and  with  the  city  clerk,  auditor  or  recorder  for  muni- 
cipal offices,  an  itemized  statement  of  such  receipts  and  ex- 
penditures and  vouchers  for  every  sum  paid  in  excess  of  five 
dollars,  and  shall  at  the  same  time  deliver  to  the  candidate  or 
treasurer  of  the  political  organization  whose  success  or  defeat 
he  has  sought  to  promote,  a  duplicate  of  such  statement  and  a 
copy  of  such  vouchers.  The  books  of  account  of  every  treas- 
urer of  any  political  party,  committee  or  organization,  during 
an  election  campaign,  shall  be  open  at  all  reasonable  office 
hours  to  the  inspection  of  the  treasurer  and  chairman  of  any 
opposing  political  party  or  organization  for  the  same  electoral 
district ;  and  his  right  of  inspection  may  be  enforced  by  writ 
of  mandamus  by  any  court  of  competent  jurisdiction. 

§   8498.      Copies  of  Act  to  Be  Transmitted  to  Persons  Interested. 

The  Secretary  of  State  shall,  at  the  expense  of  the  State, 
furnish  to  the  county  clerk,  and  to  the  city  and  town  clerks, 
auditors  and  recorders,  copies  of  this  act  as  a  part  of  the  elec- 
tion laws.  In  the  filing  of  a  nomination  petition  or  certificate 
of  nomination,  the  Secretary  of  State,  in  the  case  of  State  and 
district  offices  for  districts  composed  of  one  or  more  counties, 
and  county  clerks  for  county  offices,  and  the  city  and  town 


134          STATUTES  RELATING  TO  ELECTIONS. 

clerks,  auditors  or  recorders  for  municipal  offices,  shall  trans- 
mit to  the  several  candidates,  and  to  the  treasurers  of  political 
committees,  and  to  political  agents,  as  far  as  they  may  be 
known  to  such  officer,  copies  of  this  act,  and  also  to  any  other 
person  required  to  file  a  statement  such  copies  shall  be  fur- 
nished upon  application  therefor.  Upon  his  own  information, 
or  at  the  written  request  of  any  voter,  said  Secretary  of  State 
shall  transmit  to  any  other  person  believed  by  him  or  averred 
to  be  a  candidate,  or  who  may  otherwise  be  required  to  make 
a  statement,  a  copy  of  this  act. 

§   3499.      Persons  Failing  to  Make  Statement  to  Be  Xotified. 

The  several  officers  with  whom  statements  are  required  to 
be  filed  shall  inspect  all  statements  of  accounts  and  expenses 
relating  to  nominations  and  elections  filed  with  them  within 
ten  days  after  the  same  are  filed;  and  if  upon  examination 
of  the  official  ballot  it  appears  that  any  person  has  failed 
to  file  a  statement  as  required  by  law,  or  if  it  appears  to  any 
such  officer  that  the  statement  filed  with  him  does  not  conform 
to  law,  or  upon  complaint  in  writing  by  a  candidate  or  by  a 
voter  that  a  statement  filed  does  not  conform  to  law  or  to  the 
truth,  or  that  any  person  has  failed  to  file  a  statement  which 
he  is  by  law  required  to  file,  said  officer  shall  forthwith  in  writ- 
ing notify  the  delinquent  person.  Every  such  complaint  filed 
by  a  citizen  or  candidate  shall  state  in  detail  the  grounds  of 
objection,  shall  be  sworn  to  by  the  complainant,  and  shall  be 
filed  with  the  officer  within  sixty  days  after  the  filing  of  the 
statement  or  amended  statement.  Upon  the  written  request  of 
a  candidate  or  any  voter,  filed  within  sixteen  days  after  any 
convention,  primary  or  nominating  election,  said  Secretary  of 
State,  county  clerk,  city  or  town  clerk,  auditor  or  recorder, 
as  the  case  may  be,  shall  demand  from  any  specified  person 
or  candidate  a  statement  of  all  his  receipts,  and  from  whom 
received,  disbursements  and  liabilities  in  connection  with 
or  in  any  way  relating  to  the  nomination  or  election  con- 
cerned, whether  it  is  an  office  to  which  a  salary  or  compensa- 
tion is  attached  or  not,  and  said  person  shall  thereupon  be 
required  to  file  such  statement  and  to  comply  with  all  the  pro- 
visions relating  to  statements  herein  contained.  Whoever 
makes  a  statement  required  by  this  act  shall  make  oath 
attached  thereto  that  it  is  in  all  respects  correct,  complete,  and 
true,  to  the  best  of  his  knowledge  and  belief,  and  said  verifica- 
tion shall  be  substantially  the  form  herein  provided. 

§   3500.      District  Attorney  to  Be  Xotified  of  Failure  to  File  Statement 
or  Defect  Therein. 

Upon  the  failure  of  any  person  to  file  a  statement  within 
ten  days  after  receiving  notice  under  the  preceding  section, 


STATUTES  RELATING  TO  ELECTIONS.          135 


or  if  any  statement  filed  as  above  discloses  any  violation  of 
any  provision  of  this  act  relating  to  corrupt  practices  in 
elections,  or  in  any  other  provision  of  the  election  laws, 
the  Secretary  of  State,  the  county  clerk,  or  the  city  clerk, 
auditor  or  recorder,  as  the  case  may  be,  shall  forthwith  notify 
the  district  attorney  of  the  district  where  said  violation 
occurred  and  shall  furnish  him  with  copies  of  all  papers  relat- 
ing thereto,  and  said  district  attorney  shall  within  sixty  days 
thereafter  examine  every  such  case,  and  if  the  evidence  seems 
to  him  to  be  sufficient  under  the  provisions  of  this  act  he  shall 
in  the  name  of  the  State  forthwith  institute  such  civil  or  crim- 
inal proceedings  as  may  be  appropriate  to  the  facts. 

§   3501.      Courts  May  Compel  Filing  of  Statement  or  Application. 

The  circuit  court  of  the  county  in  which  any  statement 
of  accounts  and  expenses  relating  to  nominations  and  elections 
should  be  filed,  unless  herein  otherwise  provided,  shall  have 
exclusive  original  jurisdiction  of  all  violations  of  this  act, 
and  may  compel  any  person  who  fails  to  file  such  a  statement 
as  required  by  this  act,  or  who  files  a  statement  which  does 
not  conform  to  the  provisions  of  this  act  in  respect  to  its 
truth,  sufficiency  in  detail  or  otherwise,  to  file  a  sufficient 
statement,  upon  the  application  of  the  Attorney-General  or  of 
the  district  attorney,  or  the  petition  of  a  candidate  or  of  any 
voter.  Such  petition  shall  be  filed  in  the  circuit  court  within 
sixty  days  after  such  election  if  the  statement  was  filed  within 
the  fifteen  days  required,  but  such  a  petition  may  be  filed 
within  thirty  days  after  any  payment  not  included  in  the 
statement  so  filed. 

§   3502.      Statements  to  Be  Preserved  and  Published. 

All  statements  shall  be  preserved  for  six  months  after  the 
election  to  which  they  relate,  shall  be  public  records  subject 
to  public  inspection,  and  it  shall  be  the  duty  of  the  officers 
having  custody  of  the  same  to  give  certified  copies  thereof  in 
like  manner  as  of  other  public  records.  The  totals  of  each 
statement,  filed  with  him,  with  the  name  of  the  person  or 
candidate  filing  it,  shall  be  published  in  the  next  annual  report 
of  the  Secretary  of  State,  the  county  clerk  or  the  city  clerk, 
auditor  or  recorder,  as  the  case  may  be. 

§   3503.      Payments  Not  to  Be  Made  in  False  Name. 

No  person  shall  make  a  payment  of  his  own  money  or  of 
another  person's  money  to  any  other  person  in  connection 
with  a  nomination  or  election  in  any  other  name  than  that  of 
the  person  who  in  truth  supplies  such  money;  nor  shall  any 
person  knowingly  receive  such  payment  or  enter  or  cause  the 


136          STATUTES  RELATING  TO  ELECTIONS. 


same  to  be  entered  in  his  accounts  or  records  in  another 
name  than  that  of  the  person  by  whom  it  was  actually  fur- 
nished; provided,  if  the  money  be  received  from  the  treasurer 
of  any  political  organization  it  shall  be  sufficient  to  enter  the 
same  as  received  from  said  treasurer. 

§   3504.      Candidates   Xot   to   Promise   Appointments. 

No  person  shall,  in  order  to  aid  or  promote  his  nomina- 
tion or  election,  directly  or  indirectly,  himself  or  through 
any  other  person,  promise  to  appoint  another  person,  or 
promise  to  secure  or  aid  in  securing  the  appointment,  nomina- 
tion or  election  of  another  person  to  any  public  or  private 
position  or  employment,  or  to  any  position  of  honor,  trust  or 
emolument,  except  that  he  may  publicly  announce  or  define 
what  is  his  choice  or  purpose  in  relation  to  any  election  in 
which  he  may  be  called  to  take  part,  if  elected,  and  if  he  is  a 
candidate  for  nomination  or  election  as  a  member  of  the  Legis- 
lative Assembly  he  may  pledge  himself  to  vote  for  the  people's 
choice  for  United  States  Senator,  or  state  what  his  action  will 
be  on  such  vote. 

8   3505. — Holders  of  Xon-Elective  Positions  Not  to  Contribute. 

No  holder  of  a  public  position  or  office  other  than  an  office 
filled  by  the  voters,  shall  pay  or  contribute  to  aid  or  promote 
the  nomination  or  election  of  any  other  person  to  public  office. 
No  person  shall  invite,  demand  or  accept  payment  or  contri- 
bution from  such  holder  of  a  public  position  or  office  for  cam- 
paign purposes. 

§   3506.      Xon-Elective  Officers  Xot  to  Be  Delegates. 

No  holder  of  a  public  position  other  than  an  office  filled  by 
the  voters  shall  be  a  delegate  to  a  convention  for  the  election 
district  that  elects  the  officer  or  board  under  whom  he  directly 
or  indirectly  holds  such  position,  nor  shall  he  be  a  member 
of  a  political  committee  for  such  district. 

8   3507.      Election  Credentials  Xot  to  Be  Sold. 

No  person  shall  invite,  offer  or  effect  the  transfer  of  any 
convention  credential  in  return  for  any  payment  of  money  or 
other  valuable  thing. 

§   3508.      Persons  Xot  to  Be  Paid  to  Be  or  Xot  to  Be  Candidates. 

No  person  shall  pay,  or  promise  to  reward  another  in  any 
manner  or  form  for  the  purpose  of  inducing  him  to  be  or 
refrain  from  or  cease  being  a  candidate,  and  no  person  shall 
solicit  any  payment,  promise  or  reward  from  another  for  such 
purpose. 


STATUTES  RELATING  TO  ELECTIONS.          137 

§   3509.      Candidates  and  Officers  Xot  to  Be  Solicited  for  Subscriptions, 
Etc. 

No  person  shall  demand,  solicit,  ask  or  invite  any  payment 
or  contribution  for  any  religious,  political,  charitable  or 
other  cause  or  organization  supposed  to  be  primarily  or 
principally  for  the  public  good,  from  a  person  who  seeks  to 
be  or  has  been  nominated  or  elected  to  any  office ;  and  no  such 
candidate  or  elected  person  shall  make  any  such  payment  or 
contribution  if  it  shall  be  demanded  or  asked  during  the  time 
he  is  a  candidate  for  nomination  or  election  to  or  an  incum- 
bent of  any  office.  No  payment  or  contribution  for  any  pur- 
pose shall  be  made  a  condition  precedent  to  the  putting  of  a 
name  on  any  caucus  or  convention  ballot  or  nomination  paper 
or  petition,  or  to  the  performance  of  any  duty  imposed  by  law 
on  a  political  committee.  No  person  shall  demand,  solicit,  ask, 
or  invite  any  candidate  to  subscribe  to  the  support  of  any  club 
or  organization,  to  buy  tickets  to  any  entertainment  or  ball,  or 
to  subscribe  for  or  pay  for  space  in  any  book,  program,  per- 
iodical or  other  publication ;  if  any  candidate  shall  make  any 
such  payment  or  contribution  with  apparent  hope  or  intent  to 
influence  the  result  of  the  election,  he  shall  be  guilty  of  a  cor- 
rupt practice ;  but  this  section  shall  not  apply  to  the  soliciting 
of  any  business  advertisement  for  insertion  in  a  periodical  in 
which  such  candidate  was  regularly  advertising  prior  to  his 
candidacy  nor  to  ordinary  business  advertising  nor  to  his  regu- 
lar payment  to  any  organization,  religious,  charitable  or  other- 
wise of  which  he  may  have  been  a  member,  or  to  which  he  may 
have  been  a  contributor,  for  more  than  six  months  before  his 
candidacy  nor  to  ordinary  contributions  at  church  services. 

§   3510.      Certain  Corporations  Not  to  Contribute. 

No  corporation,  and  no  person  trustee,  or  trustees  own- 
ing or  holding  the  majority  of  the  stock  of  a  corporation, 
carrying  on  the  business  of  a  bank,  savings  bank,  co-operative 
bank,  trust,  trustee,  surety,  indemnity,  safe  deposit,  insurance, 
railroad,  street  railway,  telegraph,  telephone,  gas,  electric 
light,  heat,  power,  canal,  aqueduct,  water,  cemetery,  or 
crematory  company,  or  any  company  having  the  right  to  take 
or  condemn  land  or  to  exercise  franchises  in  public  ways 
granted  by  the  State  or  by  any  county,  city  or  town,  shall  pay 
or  contribute  in  order  to  aid,  promote  or  prevent  the  nomina- 
tion or  election  of  any  person,  or  in  order  to  aid  or  promote 
the  interests,  success  or  defeat  of  any  political  party  or  organ- 
ization. No  person  shall  solicit  or  receive  such  payment  or  con- 
tribution from  such  corporation  or  such  holders  of  a  majority 
of  such  stock. 


138          STATUTES  RELATING  TO  ELECTIONS. 


§   3511.      Treating  Defined  and  Prohibited. 

Any  person  or  candidate  who  shall  either  by  himself  or 
by  any  other  person,  either  before'  or  after  an  election, 
or  while  such  person  or  candidate  is  seeking  a  nomination  or 
election,  directly  or  indirectly,  give  or  provide,  or  pay,  wholly 
or  in  part,  the  expenses  of  giving  or  providing  any  meat  or 
drink  or  other  entertainment  or  provision,  clothing,  liquors, 
cigars  or  tobacco,  to  or  for  any  person  for  the  purpose  of  or 
with  intent  or  hope  to  influence  that  person  or  any  other 
person  to  give  or  refrain  from  giving  his  vote  at  such  election 
to  or  for  any  candidate  or  political  party  ticket,  or  measure 
before  the  people,  or  on  account  of  such  person  or  any  other 
person  having  voted  or  refrained  from  voting  for  any  candi- 
date or  the  candidates  of  any  political  party  or  organization 
or  measure  before  the  people,  or  being  about  to  vote  or  refrain 
form  voting  at  such  election,  shall  be  guilty  of  treating.  Every 
elector  who  accepts  or  takes  any  such  meat,  drink,  entertain- 
ment, provision,  clothing,  liquor,  cigars,  or  tobacco,  shall  also 
be  guilty  of  treating;  and  such  acceptance  shall  be  a  ground 
of  challenge  to  his  vote  and  of  rejecting  his  vote  on  a  contest. 

§   3512.      Coercion  and  Undue  Influence  Prohibited. 

Every  person  who  shall  directly  or  indirectly,  by  himself 
or  any  other  person  in  his  behalf,  make  use  of  or  threaten 
to  make  use  of  any  force,  coercion,  violence,  restraint,  or 
undue  influence,  or  inflict  or  threaten  to  inflict,  by  himself  or 
any  other  person,  any  temporal  or  spiritual  injury,  damage, 
harm,  or  loss  upon  or  against  any  person  in  order  to  induce  or 
compel  such  person  to  vote  or  refrain  from  voting  for  any  can- 
didate or  the  ticket  of  any  political  party,  or  any  measure  be- 
fore the  people,  or  any  person  who,  being  a  minister,  preacher, 
or  priest,  or  any  officer  of  any  church,  religious  or  other  cor- 
poration or  organization,  otherwise  than  by  public  speech  or 
print,  shall  urge,  persuade  or  command  any  voter  to  vote  or 
refrain  from  voting  for  or  against  any  candidate  or  political 
party  ticket  or  measure  submitted  to  the  people,  for  or  on  ac- 
count of  his  religious  duty,  or  the  interest  of  any  corporation, 
church  or  other  organization,  or  who  shall  by  abduction,  duress 
or  any  fraudulent  contrivance,  impede  or  prevent  the  free  exer- 
cise of  the  franchise  by  any  voter  at  any  election,  or  shall 
thereby  compel,  induce  or  prevail  upon  any  elector  to  give  or 
to  refrain  from  giving  his  vote  at  any  election,  shall  be  guilty 
of  undue  influence,  and  shall  be  punished  as  for  a  corrupt 
practic. 


STATUTES  RELATING  TO  ELECTIONS.          139 

8   3513.      Betting   by  Candidates  or  Others  to  Influence  Election  Pro- 
hibted. 

Any  candidate  who,  before  or  during  any  election  cam- 
paign, makes  any  bet  or  wager  of  anything  of  pecuniary 
value,  or  in  any  manner  becomes  a  party  to  any  such  bet 
or  wager  on  the  result  of  the  election  in  his  electoral  district, 
in  any  part  thereof,  or  on  any  event  or  contingency  relating 
to  any  pending  election,  or  who  provides  money  or  other 
valuable  to  be  used  by  any  person  in  betting  or  wagering  upon 
the  results  of  any  impending  election,  shall  be  guilty  of  a 
corrupt  practice.  Any  person  who,  for  the  purpose  of  in- 
fluencing the  result  of  any  election,  makes  any  bet  or  wager 
of  anything  of  pecuniary  value  on  the  result  of  such  election 
in  his  electoral  district  or  any  part  thereof,  or  of  any  pending 
election,  or  on  any  event  or  contingency  relating  thereto, 
shall  be  guilty  of  a  corrupt  prractice,  and  in  addition  thereto 
any  such  act  shall  be  a  ground  of  challenge  against  his  right 
to  vote. 

§   3514.      Personation   Defined   and   Prohibited. 

Any  person  shall  be  deemed  to  be  guilty  of  the  offense  of  per- 
sonation who,  at  any  election,  applies  for  a  ballot  in  the  name 
of  some  other  person,  whether  it  be  that  of  a  person  living 
or  dead,  or  of  a  fictitious  person,  or  who  having  voted  once 
at  an  election  applies  at  the  same  election  for  a  ballot  in 
his  own  name ;  and  on  conviction  thereof  such  person  shall  be 
punished  by  imprisonment  in  the  penitentiary  at  hard  labor 
for  not  less  than  one  nor  more  than  three  years. 

§   3515.      Corrupt  Prarctices  Denned — When  Deemed  Prevalent. 

Any  person  shall  be  guilty  of  a  corrupt  practice  within 
the  meaning  of  this  act  if  he  expends  any  money  for  election 
purposes  contrary  to  the  provisions  of  any  statute  of  this 
State,  or  if  he  is  guilty  of  treating,  undue  influence,  per- 
sonation, the  giving  or  promising  to  give,  or  offer  of  any  money 
or  valuable  thing  to  any  elector  with  intent  to  induce  such 
elector  to  vote  for  or  to  refrain  from  voting  for  any  candidate 
for  public  office,  or  the  ticket  of  any  political  party  or  organ- 
ization, or  any  measure  submitted  to  the  people,  at  any 
election,  or  to  register  or  refrain  from  registering  as  a  voter 
at  any  state,  district,  county,  city,  town,  village  or  school 
district  election  for  public  offices  or  on  public  measures.  Such 
corrupt  practice  shall  be  deemed  to  be  prevalent  when 
instances  thereof  occur  in  different  election  districts  similar 
in  character  and  sufficient  in  number  to  convince  the  court 
before  which  any  case  involving  the  same  may  be  tried  that 
they  were  general  and  common,  or  were  pursuant  to  a  general 
scheme  or  plan. 


140          STATUTES  RELATING  TO  ELECTIONS. 

§   3516.      Certain    Payments    Prohibited — Political    Badges,    Etc.,    Pro- 
hibited at  Polls. 

It  shall  be  unlawful  for  any  person  to  pay  another  for 
any  loss  or  damage  due  to  attendance  at  the  polls,  or  in 
registering,  or  for  the  expense  of  transportation  to  or  from 
the  polls.  No  person  shall  pay  for  personal  service  to  be 
performed  on  the  day  of  a  caucus,  primary,  convention,  or 
any  election,  for  any  purpose  connected  therewith,  tending  in 
any  way,  directly  or  indirectly,  to  affect  the  result  thereof,  ex- 
cept for  the  hiring  of  persons  whose  sole  duty  is  to  act  as  chal- 
lengers and  watch  the  count  of  official  ballots.  No  person  shall 
buy,  sell,  give  or  provide  any  political  badge,  button  or  other 
insignia  to  be  worn  at  or  about  the  polls  on  the  day  of  any  elec- 
tion, and  no  such  political  badge,  button  or  other  insignia  shall 
be  worn  at  or  about  the  polls  on  any  election  day. 

§   3517.      Paid  Matter  in  Papers  Prohibited  Unless  Marked. 

No  publisher  of  a  newspaper  or  other  periodical  shall  insert, 
either  in  its  advertising  or  reading  columns,  any  paid  matter 
which  is  designed  or  tends  to  aid,  injure  or  defeat  any  candi- 
date or  political  party  or  organization,  or  measure  before 
the  people,  unless  it  is  stated  therein  that  it  is  a  paid  adver- 
tisement, the  name  of  the  chairman  or  secretary,  or  the  names 
of  the  other  officers  of  the  political  or  other  organization 
inserting  the  same,  or  the  name  of  some  voter  who  is 
responsible  therefor,  with  his  residence  and  the  street  and 
number  thereof,  if  any,  appear  in  such  advertisement  in  the 
nature  of  a  signature.  No  person  shall  pay  the  owner,  editor, 
publisher  or  agent  of  any  newspaper  or  other  periodical  to 
induce  him  to  editorially  advocate  or  oppose  any  candidate  for 
nomination  or  election,  and  no  such  owner,  editor,  publisher  or 
agent  shall  accept  such  payment.  Any  person  who  shall 
violate  any  of  the  provisions  of  this  section  shall  be  punished 
as  for  a  corrupt  practice. 

§   3518.      Electioneering  on  Election  Day  Prohibited. 

It  shall  be  unlawful  for  any  person  at  any  place  on  the 
day  of  any  election  to  ask,  solicit,  or  in  any  manner  try  to 
induce  or  persuade  any  voter  on  such  election  day  to  vote  for 
or  refrain  from  voting  for  any  candidate,  or  the  candidates  or 
ticket  of  any  political  party  or  organization,  or  any  measure 
submitted  to  the  people,  and  upon  conviction  thereof  he  shall 
be  punished  by  fine  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  the  first  offense,  and  for  the  second 
and  each  subsequent  offense  occurring  on  the  same  or  different 
election  days,'  he  shall  be  punished  by  fine  as  aforesaid,  or  by 
imprisonment  in  the  county  jail  for  not  less  than  five  nor  more 
than  thirty  days  or  by  both  such  fine  and  imprisonment. 


STATUTES   RELATING  TO   ELECTIONS.  141 


§   3519.      Anonymous   and  Libelous   Publications   Prohibited — Defense. 

It  shall  be  unlawful  to  write,  print,  or  circulate  through 
the  mails  or  otherwise  any  letter,  circular,  bill,  placard  or 
poster  relating  to  any  election  or  to  any  candidate  at  any 
election,  unless  the  same  shall  bear  on  its  face  the  name  and 
address  of  the  author,  and  of  the  printer  and  publisher  there- 
of;  and  any  person  writing,  printing,  publishing,  circulating, 
posting  or  causing  to  be  written,  printed,  circulated,  posted  or 
published  any  such  letter,  bill,  placard,  circular  or  poster  as 
aforesaid,  which  fails  to  bear  on  its  face  the  name  and  address 
of  the  author  and  of  the  printer  or  publisher  shall  be  guilty 
of  an  illegal  practice,  and  shall,  on  conviction  thereof,  be  pun- 
ished by  fine  of  not  less  than  ten  dollars  nor  more  than  one 
thousand  dollars.  If  any  letter,  circular,  poster,  bill,  publica- 
tion or  placard  shall  contain  any  false  statement  or  charges 
reflecting  or  any  candidate's  character,  morality  or  integrity, 
the  author  thereof  and  every  person  printing  or  knowingly 
assisting  in  the  circulation  thereof  shall  be  guilty  of  political 
criminal  libel,  and  upon  conviction  thereof  shall  be  punished 
by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  three  years.  If  the  person  charged  with  such  crime 
shall  prove  on  his  trial  that  he  had  reasonable  ground  to 
believe  such  charge  was  true  and  did  believe  it  was  true,  and 
that  he  was  not  actuated  by  malice  in  making  such  publication, 
it  shall  be  a  sufficient  defense  to  such  charge.  But  in  that 
event,  and  as  a  part  of  such  defense,  the  author  and  the  prin- 
ter or  publisher  or  other  person  charged  with  such  crime  shall 
also  prove  that,  at  least  fifteen  days  before  such  letter,  circular, 
poster,  bill  or  placard  containing  such  false  statement  or  state- 
ments was  printed  or  circulated,  he  or  they  caused  to  be  served 
personally  and  in  person  upon  the  candidate  to  whom  it  relates 
a  copy  thereof  in  writing,  and  calling  his  attention  particularly 
to  the  charges  contained  therein,  and  that,  before  printing, 
publishing  or  circulating  such  charges,  he  received  and  read 
any  denial,  defense  or  explanation,  if  any,  made  or  offered  to 
him  in  writing  by  the  accused  candidate  within  ten  days  after 
the  service  of  such  charge  upon  the  accused  person. 

8   3520.      Candidates  Failing  to  File  Statements  Not  to  Be  on  Ballots — 
Vacancies. 

The  name  of  a  candidate  chosen  at  a  primary  nominating 
election  or  otherwise,  shall  not  be  printed  on  the  official 
ballot  for  the  ensuing  election  unless  there  has  been  filed 
by  or  on  behalf  of  said  candidate  the  statements  of  accounts 
and  expenses  relating  to  nominations  required  by  this  act, 
as  well  as  a  statement  by  his  political  agent  and  by  his 
political  committee  or  committees  in  his  behalf,  if  his  state- 


142          STATUTES  RELATING  TO  ELECTIONS. 

ment  discloses  the  existence  of  such  agent,  committee  or  com- 
mittees. The  officer  or  board  entrusted  by  law  with  the 
preparation  of  the  official  ballots  for  any  election  shall,  as 
far  as  practicable,  warn  candidates  of  the  danger  of  the 
omission  of  their  names  by  reason  of  this  provision,  but  delay 
in  making  any  such  statement  beyond  the  time  prescribed 
shall  not  preclude  its  acceptance  or  prevent  the  insertion  of 
the  name  on  the  ballot  if  there  is  reasonable  time  therefor 
after  the  receipt  of  such  statements.  Any  such  vacancy  on  the 
ballot  shall  be  filled  by  the  proper  committee  of  his  political 
party  in  the  manner  authorized  by  law,  but  not  by  the  use  of 
the  name  of  the  candidate  who  failed  to  file  such  statements. 
No  person  shall  receive  a  certificate  of  election  until  he  shall 
have  filed  the  statements  required  by  this  act. 

§   3521.      Procuring    Persons    to   Become   Candidates;    Prevention   and 
Penalty. 

It  shall  be  unlawful  for  any  person  to  accept,  receive,  or 
pay  money  or  any  valuable  consideration  for  becoming  or 
for  refraining  from  becoming  a  candidate  for  nomination  or 
election,  or  by  himself  or  in  combination  with  any  other  person 
or  persons  to  become  a  candidate  for  the  purpose  of  defeating 
the  nomination  or  election  of  any  other  person  and  not  with 
a  bona  fide  intent  to  obtain  the  office.  Upon  complaint  made 
to  any  circuit  court,  if  the  judge  shall  be  convinced  that  any 
person  has  sought  the  nomination  or  seeks  to  have  his  name 
presented  to  the  voters  as  a  candidate  for  nomination  by 
any  political  party  for  any  mercenary  or  venal  consideration 
or  motive,  and  that  his  candidacy  for  the  nomination  is  not  in 
good  faith,  the  judge  shall  forthwith  issue  his  writ  of  injuction 
restraining  the  officer  or  officers  whose  duty  it  is  to  prepare 
the  official  ballots  for  such  nominating  election  from  placing 
the  name  of  such  person  thereon  as  a  candidate  for  nomniation 
to  any  office.  In  addition  thereto  the  court  shall  direct  the 
district  attorney  to  institute  criminal  proceedings  against 
such  person  or  persons  for  corrupt  practice,  and  upon  con- 
viction thereof  he  and  any  person  or  persons  combining  with 
him  shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  imprisonment  in  the  county  jail  for  not  more  than 
one  year. 

§   3522.      AVhen  Offenses  Under  Act  Not  to  Deprive  Candidate  of  Office. 

Where  upon  the  trial  of  any  action  or  proceeding  under 
the  provisions  of  this  act  for  the  contest  of  the  right  of  any 
person  declared  nominated  or  elected  to  any  office,  or  to  annul 
or  set  aside  such  nomination  or  election,  or  to  remove  a  per- 
son from  his  office,  it  appears  from  the  evidence  that  the 


STATUTES  RELATING  TO  ELECTIONS.          143 

offense  complained  of  was  not  committed  by  the  candidate,  or 
with  his  knowledge  or  consent,  or  was  committed  without  his 
sanction  or  connivance,  and  that  all  reasonable  means  for  pre- 
venting the  commission  of  such  offense  at  such  election  were 
taken  by  and  on  behalf  of  the  candidate,  or  that  the  offense  or 
offenses  complained  of  were  trivial,  unimportant  and  limited 
in  character,  and  that  in  all  other  respects  his  participation  in 
the  election  were  free  from  such  offenses  or  illegal  acts,  or 
that  any  act  or  omission  of  the  candidate  arose  from  inad- 
vertence or  from  accidental  miscalculation,  or  from  some  other 
reasonable  cause  of  a  like  nature  and  in  any  case  did  not  arise 
from  any  want  of  good  faith,  and  under  the  circumstances  it 
seems  to  the  court  to  be  unjust  that  the  said  candidate  shall 
forfeit  his  nomination  or  office  or  be  deprived  of  any  office  of 
which  he  is  the  incumbent,  then  the  nomination  or  election  of 
such  candidate  shall  not  by  reason  of  such  offense  or  omission 
complained  of  be  void,  nor  shall  the  candidate  be  removed 
from  or  deprived  of  his  office. 

§   3523.      Conviction  of  Corrupt  Practice  to  Deprive  Offender  of  Office. 

If,  upon  the  trial  of  any  action  or  proceeding  under  the 
provisions  of  this  act,  for  the  contesting  of  the  right  of  any 
person  declared  to  be  nominated  to  an  office,  or  elected  to  an 
office,  or  to  annul  and  set  aside  such  election,  or  to  remove 
any  person  from  his  office,  it  shall  appear  that  such  person  was 
guilty  of  any  corrupt  practice,  illegal  act,  or  undue  influence  in 
or  about  such  nomination  or  election,  he  shall  be  punished  by 
being  deprived  of  the  nomination  or  office,  as  the  case  may  be, 
and  the  vacancy  therein  shall  be  filled  in  the  manner  provided 
by  law.  The  only  exception  to  this  judgment  shall  be  that  pro- 
vided in  Section  3522.  Such  judgment  shall  not  prevent  the 
candidate  or  officer  from  being  proceeded  against  by  indict- 
ment or  criminal  information  for  any  such  act  or  acts. 

§   3524.      Limitation  of  Action  for  Offenses  Under  Act. 

Any  action  to  contest  the  right  of  any  person  declared 
elected  to  an  office,  or  to  annul  and  set  aside  such  election, 
or  to  remove  from  or  deprive  any  person  of  an  office  of 
which  he  is  the  incumbent,  for  any  offense  mentioned  in  this 
act,  must,  unless  a  different  time  be  stated,  be  commenced 
within  forty  days  after  the  return  day  of  the  election  at  which 
such  offense  was  committed,  unless  the  ground  of  the  action  or 
proceeding  is  for  the  illegal  payment  of  money  or  other 
valuable  thing  subsequent  to  the  filing  of  the  statements  pre- 
scribed by  this  act,  in  which  case  the  action  or  proceeding  may 
be  commenced  within  forty  days  after  the  discovery  by  the 
complainant  of  such  illegal  payment.  A  contest  of  the 


144          STATUTES  RELATING  TO  ELECTIONS. 

nomination  or  office  of  Governor  or  Representative  or  Senator 
in  Congress  must  be  commenced  within  twenty  days  after  the 
declaration  of  the  result  of  the  election,  but  this  shall  not  be 
construed  to  apply  to  any  contest  before  the  Legislative 
Assembly. 

§   3525.      Circuit  Court  Has  Jurisdiction. 

An  application  for  filing  a  statement,  payment  of  a  claim 
or  correction  of  an  error  or  false  recital  in  a  statement  filed, 
or  an  action  or  proceeding  to  annul  and  set  aside  the  election 
of  any  person  declared  elected  to  an  office,  or  to  remove  or 
deprive  any  person  of  his  office  for  an  offense  mentioned  in 
this  act,  or  any  petition  to  excuse  any  person  or  candidate  in 
accordance  with  the  power  of  the  court  to  excuse  as  pro- 
vided in  Section  3522,  must  be  made  or  filed  in  the  circuit  court 
of  the  county  in  which  the  certificate  of  his  nomination  as 
a  candidate  for  the  office  to  which  he  is  declared  nominated 
or  elected  is  filed  or  in  which  the  incumbent  resides. 

§   3526.      Deprivation  of  Office,   Bar  During  Term. 

A  candidate  nominated  or  elected  to  an  office,  and  whose 
nomination  or  election  thereto  has  been  annulled  and  set 
aside  for  any  offense  mentioned  in  this  act,  shall  not,  during 
the  period  fixed  by  law  as  the  term  of  such  office,  be  elected 
or  appointed  to  fill  any  office  or  vacancy  in  any  office  or  posi- 
tion of  trust,  honor  or  emolument  under  the  laws  of  the  State 
of  Oregon  or  of  any  municipality  therein.  Any  appointment 
or  election  to  any  office  or  position  of  trust,  honor  or  emolu- 
ment made  in  violation  of  or  contrary  to  the  provisins  of  this 
act  shall  be  void. 

§   3527.      District  Attorney  to  Prosecute;  Penalty  for  Refusal. 

If  any  district  attorney  shall  be  notified  by  any  officer  or 
other  person  of  any  violation  of  any  of  the  provisions  of  this 
act  within  his  jurisdiction,  it  shall  be  his  duty  forthwith  to 
diligently  inquire  into  the  facts  of  such  violation,  and  if  there 
is  reasonable  ground  for  instituting  a  prosecution  it  shall  be 
the  duty  of  such  district  attorney  to  file  a  complaint  or  infor- 
mation in  writing  before  a  court  of  competent  jurisdiction, 
charging  the  accused  person  with  such  offense;  if  any  dis- 
trict attorney  shall  fail  or  refuse  to  faithfully  perform  any 
duty  imposed  upon  him  by  this  act,  he  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  forfeit 
his  office.  It  shall  be  the  duty  of  the  district  attorney,  under 
penalty  of  forfeiture  of  his  office,  to  prosecute  any  and  all  per- 
sons guilty  of  any  violation  of  the  provisions  of  this  act,  the 
penalty  of  which  is  fine  or  imprisonment,  or  both,  or  removal 
from  office. 


STATUTES   RELATING  TO  ELECTIONS.  145 

§   3528.      On  Contest,  Person  Having  Most  Legal  Votes  Chosen. 

If,  in  any  case  of  a  contest  on  the  ground  of  illegal  votes, 
it  appears  that  another  person  than  the  one  returned  has  the 
highest  number  of  legal  votes,  after  the  illegal  votes  have 
been  eliminated,  the  court  must  declare  such  person  nomin- 
ated or  elected,  as  the  case  may  be. 

§   3529.      Grounds  of  Contest. 

Any  elector  of  the  State,  or  of  any  political  or  municipal 
division  thereof,  may  contest  the  right  of  any  person  to  any 
nomination  or  office  for  which  such  elector  has  the  right  to 
vote,  for  any  of  the  following  causes : 

1.  On  the  ground  of  deliberate,  serious  and  material  viola- 
tion of  any  of  the  provisions  of  this  act,  or  of  any  other  pro- 
visions of  the  law  relating  to  nominations  or  elections. 

2.  When  the  person  whose  right  was  contested  was  not, 
at  the  time  of  the  election,  eligible  to  such  office. 

3.  On  account  of  illegal  votes,  or  an  erroneous  or  fraudu- 
lent count  or  canvass  of  votes. 

§   3530.      Contest   on   Ground   of  Illegal   Votes   When  Not  Authorized. 

Nothing  in  the  third  ground  of  contest  specified  in  Section 
3529  is  to  be  so  construed  as  to  authorize  a  nomination  or 
election  to  be  set  aside  on  account  of  illegal  votes,  unless  it 
appear,  either  that  the  candidate  or  nominee  whose  right  is 
contested  had  knowledge  of,  or  connived  at  such  illegal  votes, 
or  that  the  number  of  illegal  votes  given  to  the  person  whose 
right  to  the  nomination  or  office  is  contested,  if  taken  from  him 
would  reduce  the  number  of  his  legal  votes  below  the  number 
of  votes  given  to  some  other  person  for  the  same  nomination 
or  office,  after  deducting  therefrom  the  illegal  votes  which 
may  be  shown  to  have  been  given  to  such  other  person. 

§   3531.      Procedure  in  Contest  on  Ground  of  Illegal  Votes. 

When  the  reception  of  illegal  votes  is  alleged  as  a  cause 
of  contest,  it  shall  be  sufficient  to  state  generally  that  in  one 
or  more  specified  voting  precincts,  illegal  votes  were  given 
to  the  person  whose  nomination  or  election  is  contested, 
which,  if  taken  from  him,  will  reduce  the  number  of  his  legal 
votes  below  the  number  of  legal  votes  given  to  some  other 
person  for  the  same  office,  but  no  testimony  shall  be  received 
of  any  illegal  votes  unless  the  party  contesting  such  election 
deliver  to  the  opposite  party,  at  least  three  days  before  such 
trial,  a  written  list  of  the  number  of  illegal  votes,  and  by  whom 
given,'  which  he  intends  to  prove  on  such  trial.  This  provision 
shall  not  prevent  the  contestant  from  offering  evidence  of 
illegal  votes  not  included  in  such  statement,  if  he  did  not  know 


146          STATUTES  RELATING  TO  ELECTIONS. 

and  by  reasonable  diligence  was  unable  to  learn  of  such  addi- 
tional illegal  votes  and  by  whom  they  were  given,  before 
delivering  such  written  list. 

§   3532.      Proceeding  in  Contest  Generally. 

Any  petition  contesting  the  right  of  any  person  to  a  nomina- 
tion or  election  shall  set  forth  the  name  of  every  person  whose 
election  is  contested,  and  the  grounds  of  the  contest,  and  shall 
not  thereafter  be  amended,  except  by  leave  of  the  court.  Be- 
fore any  proceeding  thereon  the  petitioner  shall  give  bond  to 
the  State  in  such  sum  as  the  court  may  order,  not  exceeding 
two  thousand  dollars,  with  not  less  than  two  sureties,  who 
shall  justify  in  the  manner  required  of  sureties  on  bail  bonds, 
conditioned  to  pay  all  costs,  disbursements  and  attorney's 
fees  that  may  be  awarded  against  him  if  he  shall  not  prevail. 
If  the  petitioner  prevails,  he  may  recover  his  costs,  disburse- 
ments and  reasonable  attorney's  fees  against  the  contestee. 
But  costs,  disbursements  and  attorney's  fees,  in  all  such  cases, 
shall  be  in  the  discretion  of  the  court,  and  in  case  judgment  is 
rendered  against  the  petitioner  it  shall  also  be  rendered 
against  the  sureties  on  the  bond.  On  the  filing  of  any  such 
petition  the  clerk  shall  immediately  notify  the  judge  of  the 
court,  and  isssue  a  citation  to  the  persons  whose  nomination 
or  office  is  contested,  citing  them  to  appear  and  answer  not 
less  than  three  nor  more  than  seven  days  after  the  date  of 
filing  the  petition,  and  the  court  shall  hear  said  cause,  and 
every  such  contest  shall  take  precedence  over  all  other  busi- 
ness on  the  court  docket  and  shall  be  tried  and  disposed  of 
with  all  convenient  dispatch.  The  court  shall  always  be 
deemed  in  session  for  the  trial  of  such  cases. 

§   3533.      Further  of  Proceedings  in  Contest. 

The  petitioner  (contestant)  and  the  contestee  may  appear 
and  produce  evidence  at  the  hearing,  but  no  person  other 
than  the  petitioner  and  contestee  shall  be  made  a  party  to 
the  proceedings  on  such  petition ;  and  no  person  other  than 
said  parties  and  their  attorneys  shall  be  heard  thereon,  ex- 
cept by  order  of  the  court.  If  more  than  one  petition  is  pend- 
ing, or  the  election  of  more  than  one  person  is  contested,  the 
court  may,  in  its  discretion,  order  the  cases  to  be  heard 
together,  and  may  apportion  the  costs,  disbursements  and 
attorney's  fees  between  them,  and  shall  finally  determine  all 
questions  of  law  and  fact,  save  only  that  the  judge  may  in  his 
discretion  empanel  a  jury  to  decide  on  questions  of  fact.  In 
the  case  of  a  contested  nomination  or  election  for  Senator  or 
Representative  in  the  Legislative  Assembly,  or  for  Senator  or 
Representative  in  Congress,  the  court  shall  forthwith  certify 


STATUTES  RELATING  TO  ELECTIONS.          147 

its  findings  to  the  Secretary  of  State  to  be  by  him  transmitted 
to  the  presiding  officer  of  the  body  in  question.  In  the  case  of 
other  nominations  or  elections,  the  court  shall  forthwith 
certify  its  decision  to  the  board  or  official  issuing  certificates  of 
nomination  or  election,  which  board  or  official  shall  thereupon 
issue  certificates  of  nomination  or  election  to  the  person  or 
persons  entitled  thereto  by  such  decision.  If  judgment  of 
ouster  against  a  defendant  shall  be  rendered,  said  judgment 
shall  award  the  nomination  or  office  to  the  person  receiving 
next  the  highest  number  of  votes,  unless  it  shall  be  further 
determined  in  the  action,  upon  appropriate  pleading  and  proof 
by  the  defendant,  that  some  act  has  been  done  or  committed 
which  would  have  been  ground  in  a  similar  action  against  such 
person,  had  he  received  the  highest  number  of  votes  for  such 
nomination  or  office,  for  a  judgment  of  ouster  against  him; 
and  if  it  shall  be  so  determined  at  the  trial,  the  nomination  or 
office  shall  be  by  the  judgment  declared  vacant,  and  shall 
thereupon  be  filled  by  a  new  election,  or  by  appointment,  as 
may  be  provided  by  law  regarding  vacancies  in  such  nomina- 
tion or  office. 

§   3534.      Proceeding,  Against  Corporation  for  Violation  of  Act. 

In  like  manner  as  prescribed  for  the  contesting  of  an  elec- 
tion, any  corporation  organized  under  the  laws  of  or  doing 
business  in  the  State  of  Oregon  may  be  brought  into  court  on 
the  ground  of  deliberate,  serious  and  material  violation  of  the 
provisions  of  this  act.  The  petition  shall  be  filed  in  the  circuit 
court  in  the  county  where  said  corporation  has  its  principal 
office,  or  where  the  violation  of  law  is  averred  to  have  been 
committed.  The  court,  upon  conviction  of  such  corporation, 
may  impose  a  fine  of  not  more  than  ten  thousant  dollars,  or 
may  declare  a  forfeiture  of  the  charter  and  franchises  of  the 
corporation  if  organized  under  the  laws  of  this  State,  or  if  it 
be  a  foreign  corporation  may  enjoin  said  corporation  from 
further  transacting  business  in  this  State,  or  by  both  such  fine 
and  forfeiture,  or  by  both  such  fine  and  injunction. 

§   3535.      Punishment  for  Violation. 

Whoever  violates  any  provision  of  this  act,  the  punishment 
for  wrhich  is  not  specially  provided  by  law,  shall  on  conviction 
thereof  be  punished  by  imprisonment  in  the  county  jail  for  not 
more  than  one  year,  or  by  a  fine  of  not  more  than  five 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

§   3536.      Trial  and  Evidence  in  Proceedings  Under  Act. 

Proceedings  under  this  act  shall  be  advanced  on  the  docket 
upon  request  of  either  party  for  a  speedy  trial,  but  the  court 


148          STATUTES  RELATING  TO  ELECTIONS. 

may  postpone  or  continue  such  trial  if  the  ends  of  justice  may 
be  thereby  more  effectually  secured,  and  in  case  of  such  contin- 
uance or  postponement  the  court  may  impose  costs  in  its  dis- 
cretion as  a  condition  thereof.  No  petition  shall  be  dismissed 
without  the  consent  of  the  district  attorney,  unless  the  same 
shall  be  dismissed  by  the  court.  No  person  shall  be  excused 
from  testifying  or  producing  papers  or  documents  on  the 
ground  that  his  testimony  or  the  production  of  papers  or  docu- 
ments will  tend  to  criminate  him;  but  no  admission,  evidence 
or  paper  made  or  advanced  or  produced  by  such  person  shall 
be  offered  or  used  against  him  in  any  civil  or  criminal  prosecu- 
tion or  any  evidence  that  is  the  direct  result  of  such  evidence 
or  information  that  he  may  have  so  given  except  in  a  prosecu- 
tion for  perjury  committed  in  such  testimony. 

§   3537.      Form  of  Petition. 

A  petition  or  complaint  filed  under  the  provisions  of  this  act 
shall  be  sufficient  if  it  is  substantially  in  the  following  form : 

IN  THE  CIRCUIT  COURT  OF  THE  STATE  OF  OREGON. 

For  the  County  of  

A.  B.,  (or  A.  B.  and  C.  D.)  Contestants, 

vs. 
E.  F.,  Contestee. 

The  petition  of  contestant  (or  contestants)  above  named  alleges: 

That  an  election  was  held  (in  the  State,  district,  county  or  city  of 

),  on  the  day  of A.  D.  19 for  the 

(nomination  of  a  candidate  for)  (or  election  of  a)  (state  the  office). 

That and were  candidates  at  said 

election,  and  the  board  of  canvassers  has  returned  the  said 

as  being  duly  nominated  (or  elected)  at  said  election. 

That  contestant  A.  B.  voted  (or  had  a  right  to  vote,  as  the  case 
may  be)  at  said  election  (or  claims  to  have  had  a  right  to  be  returned 
as  the  nominee  or  other  officer  elected  or  nominated  at  said  election,  or 
was  a  candidate  at  said  election,  as  the  case  may  be),  and  said  contest- 
ant C.  D.  (here  state  in  like  manner  the  right  of  each  contestant). 

And  said  contestant  (or  contestants)  further  allege  (here  state  the 
facts  and  grounds  on  which  the  contestants  rely.) 

Wherefore,  your  contestants  pray  that  it  may  be  determined  by  the 

court  that  said  ,  was  not  duly  nominated  (or  elected)  and 

that  said  election  was  void  (or  that  the  said  A.  B.  or  C.  D.,  as  the  case 
may  be)  was  duly  nominated  (or  elected)  and  for  such  other  and 
further  relief  as  the  court  may  seem  just  and  legal  in  the  premises. 

Said  complaint  shall  be  verified  by  the  affidavit  of  one  of  the 
petitioners  in  the  manner  required  by  law  for  the  verification 
of  complaints  in  civil  cases. 


STATUTES   RELATING   TO   ELECTIONS.  149 


§   3538.      Form  of  Statement  of  Expenses. 

The  statement  of  expenses  required  from  candidates  and 
others  by  this  act  shall  be  in  substantially  the  following  form : 

STATE  OF  OREGON,  ] 

1  ss. 
County  of J 

I,  ,  having  been  a  candidate  (or  expended  money) 

at  the  election  of  the  (State)    (district)    (county)   (city)  of 

on  the day  of A.  D.  19 ,  being  first  duly 

sworn,  on  oath  do  say:  That  I  have  carefully  examined  and  read  the 
return  of  my  election  expenses  and  receipts  hereto  attached,  and  to  the 
best  of  my  knowledge  and  belief  that  return  is  full,  correct  and  true. 

And  I  further  state  on  oath  that,  except  as  appears  from  this 
return,  I  have  not  and  to  the  best  of  my  knowledge  and  belief,  no  per- 
son, nor  any  club,  society  or  association,  has,  on  my  behalf,  whether 
authorized  by  me  or  not,  made  any  payment,  or  given,  promised,  or 
offered  any  reward,  office,  employment  or  position,  public  or  private, 
or  valuable  consideration,  or  incurred  any  liability  on  account  of  or  in 
respect  of  the  conduct  or  management  of  the  said  nomination  or 
election. 

And  I  further  state  on  oath,  that  except  as  specified  in  this  return 
I  have  not  paid  any  money,  security,  or  equivalent  for  money,  nor  has 
any  money  or  equivalent  for  money  to  my  knowledge  or  belief  been 
paid,  advanced,  given  or  deposited  by  any  one  to  or  in  the  hands  of 
myself  or  any  other  person  for  my  nomination  or  election  for  the  pur- 
pose of  paying  any  expenses  incurred  on  my  behalf  on  account  or  in 
respect  of  the  conduct  or  management  of  the  said  election. 

And  I  further  state  on  oath  that  I  will  not,  except  so  far  as  I  may 
be  permitted  by  law,  at  any  future  time  make  or  be  a  party  to  the 
making  or  giving  of  any  payment,  reward,  office,  position  or  employ- 
ment, or  valuable  consideration  for  the  purpose  of  defraying  any  such 
expenses  or  obligations  as  herein  mentioned  for  or  an  account  of  my 
nomination  or  election,  or  provide  or  be  party  to  the  providing  of  any 
money,  security  or  equivalent  for  money  for  the  purpose  of  defraying 
any  such  expense. 

(Signature  of  affiant.)  

Subscribed  and  sworn  to  before  me  by  the  above  named 

on  the  day  of  A.  D.  19 

Attached  to  said  affidavit  shall  be  a  full  and  complete 
account  of  the  receipts,  contributions  and  expenses  of  siad 
affiant,  and  of  his  supporters  of  which  he  has  knowledge,  with 
numbered  vouchers  for  all  sums  and  payment  for  which 
vouchers  are  required  as  to  all  money  expended  by  affiant. 
The  affidavit  and  account  of  the  treasurer  of  any  committee 
or  any  political  party  or  organization  shall  be  as  nearly  as  may 
be  in  the  same  form,  and  so  also  shall  be  the  affidavit  of  any 
person  who  has  received  or  expended  money  in  excess  of  the 
sum  of  fifty  dollars  to  aid  in  securing  the  nomination  or  elec- 
tion or  defeat  of  any  candidate,  or  of  any  political  party  or 
organization,  or  of  any  measure  before  the  people. 


150  STATUTES   RELATING   TO   ELECTIONS. 

§   3539.      False  Oath,  Perjury. 

Any  person  who  shall  knowingly  make  any  false  oath  or 
affidavit  where  an  oath  or  affidavit  is  required  by  this  law  shall 
be  deemed  guilty  of  perjury  and  punished  accordingly. 

SPECIAL  ELECTION  IN   1913. 
§    1.      Special  Election  on  First  Monday  in  November,  1913. 

There  shall  be  held  a  special  election  in  the  several  voting 
precincts  of  this  State  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1913.  All  measures  passed  by  the 
Twenty-Seventh  Legislative  Assembly  of  the  State  of  Oregon 
upon  which  the  referendum  may  be  invoked  shall  be  submit- 
ted to  the  people  for  their  approval  or  rejection  at  such 
special  election.  The  polls  shall  open  and  close  at  the  same 
time  as  is  now  provided  by  law  for  general  elections  in  this 
State  and  the  vote  cast  on  such  laws  or  measures  shall  be 
counted,  canvassed,  returned  and  declared  in  the  same  manner 
as  provided  by  law  for  all  laws  or  measures  submitted  to  the 
people  at  general  elections.  [Laws  1913,  Chap.  321,  p.  620.] 

§   2.      Electors  Registered  and  Unregistered,  May  Vote  How  at  Special 
Election. 

Legal  electors  may  vote  under  their  registration  for  the 
year  1912,  or  upon  affidavit  of  six  freeholders  as  provided 
by  law.  [Laws  1913,  Chap.  321,  p.  620.] 

§   3.      Arguments  When  to  Be  Filed  Prior  to  Special  Election. 

Within  twelve  days  after  the  filing  of  any  such  referendum 
petition  as  provided  by  law,  any  person,  or  association  of 
persons,  may  file  with  the  Secretary  of  State,  any  argument 
opposing  or  favoring  any  or  all  the  measures  to  be  submitted 
to  the  people  at  such  special  election,  upon  the  same  terms 
and  conditions  as  are  provided  therefor  by  law  for  the  filing 
of  such  arguments  or  statements  on  any  measures  referred 
to  the  people  at  a  regular  general  biennial  election.  [Laws 
1913,  Chap.  321,  p.  620.] 

§   4.      Pamphlet  for  Special  Election. 

Not  later  than  thirty  days  before  the  date  of  such  special 
election,  the  Secretary  of  State  shall  cause  to  be  printed  in 
pamphlet  form,  in  the  manner  now  required  by  law,  a  true 
copy  of  the  title  and  text  of  each  measure  so  to  be  submitted 
thereat,  and  shall,  within  ten  days  from  said  last  named  date, 
mail  to  each  registered  voter  of  the  State,  a  copy  of  such 
pamphlet.  [Laws  1913,  Chap.  321,  p.  620.] 


STATUTES   RELATING  TO   ELECTIONS.  151 

§   5.      Appropriation  for  Expense  of  Special  Election. 

In  order  to  defray  all  expense  incident  to  carrying  the  pro- 
visions of  this  act  into  effect,  there  is  hereby  appropriated 
out  of  the  moneys  in  the  general  fund  in  the  State  Treasury 
not  otherwise  appropriated,  the  sum  of  twelve  thousand  dol- 
lars ($12,000)  or  so  much  thereof  as  may  be  necessary,  and 
the  Secretary  of  State  is  hereby  authorized  and  directed  to 
audit  and  pay  all  duly  verified  claims  therefor  in  the  same 
manner  as  other  claims  against  the  State  are  audited  and  paid. 
[Laws  1913,  Chap.  321,  p.  620.] 


VOTING    MACHINES. 
§    1.      Board   for  Examining  and  Selecting  Voting  Machines. 

The  Governor,  Secretary  of  State  and  State  Treasurer  of 
the  State  of  Oregon,  and  two  qualified  electors  of  the  State 
of  Oregon,  which  qualified  electors  shall  receive  as  compen- 
sation ten  dollars  for  each  and  every  day  served,  and  to  be 
selected  by  the  Governor,  Secretary  of  State  and  State  Treas- 
urer, shall  constitute  the  State  Board  of  Examiners  for  voting 
machines.  It  shall  be  their  duty  to  examine  all  voting  ma- 
chines and  to  determine  whether  or  not  such  machines  meet 
all  the  requirements  of  this  act  and  of  the  election  laws  of 
the  State  of  Oregon,  and  to  determine  whether  or  not  such 
machine  is  practical  and  accurate  and  can  be  used  by  the 
voters  of  the  State  of  Oregon  and  to  recommend  such  machines 
as  shall  meet  the  approval  of  the  majority  of  the  Board  of 
Examiners,  to  the  county  court  of  such  counties  and  govern- 
ing bodies  of  such  cities  and  towns  as  are  herein  provided  for. 

The  report  of  the  Board  of  Examiners  shall  be  filed  with 
the  Secretary  of  State  within  thirty  days  after  the  examina- 
tion of  the  voting  machines.  Such  reports  shall  contain  a 
list  of  all  machines  examined  with  their  recommendation 
and  approval  of  such  machines  as  may  be  accepted  as  com- 
plying with  the  requirements  of  this  act,  and  within  five  days 
thereafter  the  Secretary  of  State  shall  transmit  the  same  to 
the  county  courts  and  governing  bodies  of  cities  and  towns 
provided  for  in  this  act.  No  machine  shall  be  used  in  the 
State  which  shall  not  first  have  received  the  sanction  and 
approval  of  the  State  Board  of  Examiners.  [Laws  1913, 
Chap.  337,  p.  658.] 

§   2.      Specification  of  Requirements  of  Voting  Machine  to  Be  Selected. 

The  Construction  of  the  Machine. — No  voting  machine  shall 
be  approved  by  the  Board  of  Examiners  unless  it  shall  be 
so  constructed  as  to  insure  every  voter  an  opportunity  to  vote 


152          STATUTES  RELATING  TO  ELECTIONS. 

in  secrecy;  that  it  can  be  closed  during  the  progress  of  the 
voting  so  that  no  person  can  see  or  know  the  number  of  votes 
registered  for  any  candidate  or  for  whom  the  electors  have 
voted ;  that  each  machine  shall  be  so  constructed  as  to  provide 
facilities  for  voting  for  the  candidates  for  at  least  seven 
parties  or  organizations,  with  a  separate  voting  device  and 
counter  for  each  candidate  thereof,  that  a  straight  party 
ticket  can  be  voted  by  the  operation  of  the  single  device ;  that 
the  voter  may  vote  for  a  part  of  one  party  ticket,  and  a  part 
of  one  or  more  other  party  tickets;  that  a  voter  cannot  vote 
for  a  candidate  or  on  a  question  for  whom  or  on  which  he  is 
not  lawfully  entitled  to  vote ;  that  the  voter  will  be  prevented 
from  casting  more  than  one  vote  for  any  one  candidate,  or 
voting  for  more  than  one  person  for  the  same  office,  unless 
he  is  lawfully  entitled  to  vote  for  more  than  one  person  there- 
for, and  in  that  event  permit  him  to  vote  for  as  many  persons 
for  that  office  as  he  is  by  law  entitled  to  vote  for,  and  no 
more,  but  all  votes  for  nominated  candidates  for  such  officers 
shall  be  cast  and  counted  in  the  same  manner  as  for  all  other 
nominated  candidates,  except  as  herein  provided  for  Presi- 
dential electors;  that  the  machine  will  be  provided  with  at 
least  fifteen  pairs  of  "yes"  and  "no"  counters  for  voting  on 
questions,  with  the  operating  or  voting  device  therefor;  that 
such  machine  will  correctly  register,  by  means  of  mechanical 
counters,  having  registering  wheels,  every  vote  cast  for  candi- 
dates whose  names  are  printed  on  the  ballot  labels  or  for 
questions;  that  the  names  of  the  candidates  for  Presidential 
electors  shall  not  occur  on  the  ballot  labels,  but  in  lieu  thereof, 
one  ballot  in  each  party  column  or  row,  shall  contain  the  words, 
"Presidential  electors"  preceded  by  the  party  name,  and  the 
name  of  the  candidates  for  President  and  Vice-President,  and 
every  vote  registered  for  such  ballot  shall  operate  as  a  vote 
for  all  candidates  of  such  party  for  Presidential  electors  and 
be  counted  as  such,  but  it  shall  provide  means  for  voting  a 
split  or  irregular  ticket  for  Presidential  electors;  that  any 
voter  can  by  means  of  irregular  ballots  vote  a  written  or 
printed  ballot  of  his  own  selection  for  any  person  for  any 
office,  although  such  person  may  not  have  been  nominated 
by  any  party,  but  such  irregular  balloting  device  or  devices 
shall  not  be  used  for  voting  any  regularly  nominated  candi- 
dates except  for  Presidential  electors  as  herein  provided; 
that  a  voter  may  readily  understand  how  to  vote,  and  within 
the  period  of  two  minutes  cast  his  vote  for  all  the  candidates 
of  his  choice,  and  that  he  can  change  his  or  her  vote  for  any 
regularly  nominated  candidate  up  to  the  time  he  starts  to 
leave  the  machine;  each  machine  must  be  provided  with  a 
lock  or  locks,  the  keys  of  which  cannot  be  interchangeably 


STATUTES  RELATING  TO  ELECTIONS.          153 

used,  and  by  the  locking  of  which  any  movement  of  the  oper- 
ating mechanism  can  be  prevented,  so  that  it  cannot  be 
tampered  with  or  mutilated  for  any  fraudulent  purpose;  and 
that  the  doors  of  the  compartments  containing  the  registering 
mechanism  can  be  locked  so  that  no  person  can  see  or  know 
the  number  of  votes  registered  for  any  candidate;  that  there 
shall  be  a  counter,  the  registering  face  of  which  can  be  seen 
at  all  times  from  the  outside  of  the  machine,  which  will  show 
during  the  election  the  total  number  of  voters  that  have 
operated  the  machine  at  that  election.  [Laws  1913,  Chap. 
337,  p.  659.] 

8   :?.      Joint   Ownership   of   Voting   Machines   by   Counties   and.  Cities. 

The  county  courts  and  governing  bodies  of  cities  and  towns 
or  boards  having  in  control  the  elections  held  therein  provided 
for  in  this  act  may  at  any  regular  meeting  or  any  special 
meeting  called  therefor,  provide  for  and  require  the  use  of 
as  many  voting  machines  as  may  be  necessary  according  to 
the  provisions  of  this  act  and  may  at  their  option  by  agree- 
ment between  themselves  provide  for  the  joint  purchase  and 
ownership  of  such  voting  machines.  [Laws  1913,  Chap.  337, 
p.  660.] 

§   4.      Voting  Machines   and   Accessories   to  Be  Provided. 

The  authorities  having  in  charge  the  control  of  elections 
and  providing  for  the  adoption  of  voting  machines  shall  as 
soon  as  practicable  thereafter  provide  such  suitable  polling 
places  as  they  may  determine  and  one  or  more  voting  machines 
in  complete  working  order,  also  such  other  accessories  as 
may  be  required  for  the  practical  and  economical  working 
of  the  machine.  All  necessary  instruction  stationery  and 
instructions  to  voters  shall  be  delivered  with  the  custody  of 
the  voting  machine  or  machines  to  the  chairman  of  the  elec- 
tion board  not  later  than  twenty-four  hours  next  preceding 
the  election.  [Laws  1913,  Chap.  337,  p.  660.] 

§   5.      Officials    Where   Voting   Machines    Are   Adopted. 

In  precincts  where  voting  machines  are  used  the  election 
board  shall  consist  of  one  chairman,  two  clerks  and  two 
inspectors,  except  where  more  than  one  machine  is  used,  two 
additional  inspectors  for  each  and  every  machine  in  use,  such 
inspectors  to  be  of  different  political  parties.  Any  voter  desir- 
ing instructions  or  declaring  his  disability  to  operate  the 
machine  shall  be  assisted  in  casting  his  vote  by  the  two 
inspectors  provided  for  in  this  act.  No  voter  shall  remain 
within  the  voting  machine  booth  longer  than  two  minutes.  If 
he  shall  refuse  to  leave  after  the  lapse  of  two  minutes  he 


154          STATUTES  RELATING  TO  ELECTIONS. 

shall  be  removed  by  order  of  the  election  board.     [Laws  1913, 
Chap.  337,  p.  661.] 

§   6.      Number   of   Voters   in   Precincts   Using   Voting   Machines. 

Precincts  may  be  established  in  the  cities  and  towns  pro- 
vided in  this  act  and  where  voting  machines  are  to  be  used 
so  as  to  contain  not  less  than  600  registered  voters  or  not 
more  than  1,000  for  each  machine  used  therein.  The  list  or 
arrangement  of  candidates  and  measures  to  be  voted  upon 
as  arranged  on  the  voting  machine  shall  be  deemed  an  official 
ballot  under  this  act  for  the  precinct  in  which  this  machine 
is  used  pursuant  to  law.  [Laws  1913,  Chap.  337,  p.  661.] 

§   7.      Laws    Governing   Elections   Using   Voting   Machines. 

All  laws  or  parts  of  laws  relating  to  elections  shall  be  as 
far  as  applicable  to  voting  machines  remain  in  full  force 
and  effect  and  all  laws  or  parts  of  laws  inconsistent  herewith 
shall  not  be  applicable  in  such  election  precincts  where  the 
voting  machines  are  used  so  long  as  such  voting  machine  is 
used  therein,  and  that  nothing  in  this  act  contained  shall  be 
construed  as  repealing  any  existing  law  or  authorizing  any 
deviation  therefrom  except  as  provided  or  set  forth  in  this  act. 
[Laws  1913,  Chap.  337,  p.  661.] 

§   8.      Penalty  for  Tampering   With  Voting  Machines. 

Any  tampering  with  or  unauthorized  handling  or  adjusting 
of  the  voting  machines  or  any  willful  violation  of  this  act 
shall  be  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  imprisonment  of  not  less  than  one  month  nor 
more  than  one  year  or  a  fine  of  not  less  than  fifty  dollars  or 
more  than  one  thousand  dollars,  or  both  such  fine  and  imprison- 
ment. [Laws  1913,  Chap.  337,  p.  661.] 

ENFORCEMENT    OF   LAWS    BY   THE   GOVERNOR. 

§   1.      Appointing  Officers  Pro  Tern  When  Criminal  Laws  Are  Not  Being 
Enforced. 

Whenever  in  the  opinion  of  the  Governor  the  criminal  laws 
of  the  State  are  not  being  faithfully  executed  and  enforced, 
and  the  circumstances  justify  the  appointment  of  any  sheriff; 
district  attorney,  constable  or  justice  of  the  peace  pro  tern, 
he  shall  lay  the  facts  of  which  he  is  advised  before  the  circuit 
court,  or  any  judge  thereof,  of  the  district  of  the  office  in 
question.  The  court  or  judge  shall,  without  delay,  in  a  sum- 
mary manner  consider  the  facts  so  presented  and  such  further 
facts  as  can  be  gathered  or  may  be  presented  by  or  on  behalf 
of  the  Governor,  the  officer,  or  any  party  interested,  as  herein- 
after provided.  [Laws  1913,  Chap.  180,  p.  321.] 


STATUTES   RELATING  TO   ELECTIONS.  155 

§   2.      Court  Inquiry  as  to  Whether  Criminal  Laws  Are  Executed. 

The  court,  or  judge  thereof,  in  conducting  such  hearing, 
shall  have  all  of  the  usual  powers  of  the  circuit  court  or  judge, 
and  specifically  the  power  of  subpoenaing  and  examining  wit- 
nesses of  its  own  motion,  and  the  Governor,  the  officer 
affected,  or  any  party  interested  may  subpoena  witnesses  and 
appear  and  participate  in  person  or  by  counsel  and  the  officer 
shall  be  given  reasonable  opportunity  to  prepare  and  present 
his  case.  The  Attorney  General  shall  appear  on  behalf  of 
the  Governor,  if  by  him  rquested  to  do  so.  [Laws  1913,  Chap. 
180,  p.  321.] 

§   3.      Judge  May  Be  Called  Prom  Other  Circuit  to  Make  Inquiry. 

When  the  Governor  has  made  a  request  for  an  investiga- 
tion before  the  court  or  judge  of  the  district  of  the  office 
affected,  said  court  or  judge  may  request  that  the  hearing 
be  held  before  the  court  or  judge  of  any  other  district  and 
call  in  such  court  or  judge  to  conduct  the  same,  at  the  regular 
place  of  holding  court  in  the  district  of  the  office  affected; 
provided,  that  such  a  request  shall  be  made  by  the  court  or 
judge  without  delay,  and  such  court  or  judge  who  may  be 
called  in  shall  proceed  without  delay  to  conduct  the  hearing. 
The  actual  necessary  traveling  expenses  of  any  court  or  judge 
that  may  be  called  in  shall  be  paid  out  of  the  funds  appropri- 
ated, or  which  may  hereafter  be  appropriated  for  the  purposes 
of  this  act,  upon  properly  verified  vouchers  presented  to  the 
Secretary  of  State.  [Laws  1913,  Chap.  180,  p.  321.] 

§   4.      Findings  of  Court  on  Inquiry. 

The  court  or  judge  shall  make  such  findings  as  are  justified 
by  the  facts  adduced  at  the  hearing,  and  shall  find  as  to 
whether  or  not  the  criminal  laws  of  the  State  are  being  faith- 
fully executed  and  enforced  by  the  officers  under  investigation. 
[Laws  1913,  Chap.  180,  p.  321.] 

§  5.  Finding  That  Criminal  Laws  Are  Not  Faithfully  Enforced, 
Governor  to  Appoint  Special  Officers  Not  Longer  Than 
90  Days. 

Thereupon,  if  it  shall  be  found  that  the  criminal  laws  of 
the  State  are  not  being  faithfully  executed  and  enforced  by 
said  officers,  the  Governor  may  appoint,  for  a  period  not  longer 
than  ninety  days,  such  special  officers  as  may  be  necessary  to 
correct  such  failure  to  execute  or  enforce  the  criminal  laws 
as  has  been  disclosed  at  the  hearing.  [Laws  1913,  Chap.  180, 
p.  322.] 


156  STATUTES   RELATING   TO   ELECTIONS. 

§   6.      Special  Officers,  Mode  of  Qualifying. 

When  appointed,  special  officers  shall  qualify  in  the  same 
manner  as  provided  by  law  for  regularly  elected  officers,  and 
shall  have  all  of  the  power  and  authority  of  the  regularly 
elected  officers  necessary  to  effectuate  the  purposes  of  the 
appointment,  and  shall  carry  out  the  directions  of  the  Gov- 
ernor, pursuant  to  the  appointment,  in  the  same  manner 
and  to  the  same  extent  as  the  duly  elected  officers  could  do 
or  perform;  provided,  hoivever,  that  no  greater  power  shall 
be  conferred  upon  any  special  officer  than  is  by  law  lodged 
with  the  regularly  elected  officers.  [Laws  1913,  Chap.  180, 
p.  322.] 

§   7.      Salaries    of   Regular   Officers    Continue   During   Time   of   Special 
Officers. 

The  regularly  elected,  qualified  and  acting  officers  shall, 
during  any  appointment  of  a  special  officer,  receive  the  salary 
provided  by  law,  to  the  same  extent  as  though  no  special 
officer  had  been  appointed.  [Laws  1913,  Chap.  180,  p.  322.] 

§   8.      Salaries   of   Special   Officers. 

The  said  special  officers  herein  provided  for  shall  receive  a 
compensation  for  the  time  they  are  appointed  equal  to  that 
provided  for  the  regularly  elected  officers;  said  compensation 
to  be  paid  in  the  same  manner  as  the  regular  officers  are  paid. 
[Laws  1913,  Chap.  180,  p.  322.] 

CREATION    AND    ORGANIZATION    OF    NEW    COUNTIES- 
§    1.      Organizing    New    Counties. 

Whenever  it  is  desired  to  form  a  new  county  out  of 
one  or  more  of  the  then  existing  counties,  or  whenever  it  is 
desired  to  change  the  boundaries  of  then  existing  counties,  and 
a  petition  praying  for  the  formation  of  such  new  counties  or 
praying  for  the  change  of  the  boundaries  of  then  existing 
counties,  describing  the  territory  proposed  to  be  incorporated 
in  such  new  county  or  changed  from  one  county  to  another, 
together  with  the  name  of  such  proposed  new  county,  if  for 
that  purpose,  signed  by  a  majority  of  the  legal  voters  residing 
in  the  territory  to  be  embraced  in  such  new  county  or  residing 
in  the  territory  to  be  embraced  in  such  change  of  county 
boundaries',  shall  be  presented  to  the  county  court  of  each 
county  to  be  affected  by  the  proposed  formation  of  a  new 
county  or  change  in  county  boundaries,  and  if  it  appears  to 
the  county  court  that  such  territory  so  described  can  be  con- 
stitutionally formed  into  a  county  and  has  an  assessed  valua- 


STATUTES  RELATING  TO  ELECTIONS.          157 

tion  of  not  less  than  two  million  dollars  and  that  the  area  and 
population  of  said  original  county  or  counties  after  the  forma- 
tion of  such  new  county  shall  comply  with  the  regulations  of 
the  Constitution  of  this  State,  or,  if  it  appears  that  by  the 
change  in  such  county  boundaries  the  county  from  which  the 
territory  is  taken  and  the  territory  to  which  it  is  added  by 
such  proposed  change  will  conform  to  the  Constitution  of  the 
State  of  Oregon,  it  shall  be  the  duty  of  such  county  court  or 
courts  to  make  an  order  providing  for  the  submission  of  the 
question  of  the  formation  of  such  new  county  or  the  change 
in  county  boundaries,  as  the  case  may  be,  to  a  vote  of  all  of  the 
legal  electors  of  the  county  or  counties  to  be  so  affected  at  the 
next  succeeding  general  election,  and  notice  thereof  shall  be 
given,  the  votes  canvassed  and  the  returns  made  as  in  the 
case  of  election  of  members  of  the  Legislative  Assembly;  and 
the  form  of  the  ballot  to  be  used  in  the  determination  of  such 
question  shall  be  "For  new  county",  and  "Against  new  county", 
and  "For  change  in  county  boundaries",  and  "Against  change 
in  county  boundaries,"  as  the  case  may  be.  [Laws  1913, 
Chap.  10,  p.  21.] 

§   2.      Canvassing,   Votes   on   Creation   of   Xevv   Counties. 

The  votes  upon  the  question  of  creating  such  new 
county  or  the  change  in  boundaries,  as  the  case  may  be,  shall 
be  counted,  returned  and  canvassed  in  the  same  manner  and  by 
the  same  officers  as  the  other  votes  cast  at  the  same  election 
are  counted,  returned  and  canvassed.  The  canvass  of  the 
voters  upon  such  question  shall  be  entered  of  record  by  the 
county  clerk  of  each  county  in  which  said  vote  is  taken,  and 
within  thirty  days  thereafter  such  county  clerk  shall  certify 
the  same  to  the  Secretary  of  State  in  the  same  manner  as  the 
votes  on  State  and  district  officers  are  certified,  and  shall  state 
in  such  certificate  the  name,  territorial  contents  and  bound- 
aries of  such  new  county,  or  the  names,  territorial  contents 
and  boundaries  of  the  counties  affected  by  the  change  in 
boundaries.  The  Secretary  of  State  in  the  presence  of  the 
Governor,  within  ten  days  after  receiving  such  certificate  from 
the  county  clerk,  and  within  thirty  days  after  any  election  has 
been  held  upon  the  creation  of  a  new  county,  or  the  change 
in  county  boundaries,  shall  canvass  the  votes  given  for  and 
against  such  new  county  or  the  votes  given  for  and  against 
the  change  in  county  boundaries  and  if  the  election  was  for 
the  purpose  of  establishing  a  new  county  and  if  sixty-five  per 
cent  of  all  the  voters  residing  within  the  limits  of  the  pro- 
posed new  county  voted  at  said  election  in  favor  of  the  creation 


158          STATUTES  RELATING  TO  ELECTIONS. 

of  said  new  county,  and  if  thirty-five  per  cent  of  the  voters 
in  each  of  the  counties  from  which  it  is  proposed  to  take  terri- 
tory to  be  included  in  the  new  county  and  who  reside  outside 
of  the  limits  of  the  proposed  new  county  voted  in  favor  of  the 
creation  of  the  proposed  new  county,  or  if  the  election  was  for 
the  purpose  of  changing  county  boundaries,  and  if  a  majority 
of  all  the  voters  in  each  of  the  counties  to  be  affected  by  the 
change  in  boundaries,  voted  in  favor  of  the  proposed  change 
in  county  boundaries,  the  Governor  shall  forthwith  issue  his 
proclamation  declaring  said  new  county  thereby  created  or 
declaring  the  change  in  county  boundaries,  as  the  case  may  be ; 
and  if  the  election  was  for  the  purpose  of  establishing  a  new 
county,  it  shall  thereafter  be  a  county  for  all  civil,  military 
and  other  purposes;  and  if  the  election  was  for  the  purpose 
of  changing  county  boundaries,  the  boundaries  of  the  county 
shall  be  changed  to  conform  to  the  description  furnished  by 
the  county  clerk  in  the  certificate  provided  in  this  section. 
[Laws  1913,  Chap.  10,  p.  22.] 

§   3.      Boundaries  of  New  Counties  to  Conform  to  Government  Lines. 

In  the  establishment  of  any  such  proposed  new  county  and 
in  the  establishment  of  the  boundaries  of  counties  in  which 
a  change  is"  proposed,  the  same  shall  be  made  to  conform  to 
the  established  government  legal  subdivisions.  [Laws  1913, 
Chap.  10,  p.  22.] 

§   4.      Proclamation    and   Appointment   of   County    Court. 

Within  thirty  days  after  the  Governor  shall  have  issued 
his  proclamation  provided  in  Section  2  of  this  act,  he 
shall  appoint  three  persons,  residents  of  the  new  county  so 
formed  possessing  the  qualifications  of  the  electors,  who  will 
accept  and  qualify  in  such  offices  as  county  judge  ar>d  com- 
missioners respectively  for  such  new  county,  who  shall  hold 
their  offices  until  the  first  general  election  thereafter  and  until 
their  successors  are  elected  and  qualified,  and  UDon  snch  per- 
sons qualifying  as  such  county  judge  and  commissioners  such 
newr  county  shall  be  deemed  to  have  ex:stence  as  such  and 
be  governed  by  the  law^s  of  the  State  relating  to  counties ;  and 
within  thirty  days  after  the  Governor  shall  have  issued  his 
proclamation  provided  in  Section  2  of  this  Act,  in  the  event 
such  election  was  for  the  purpose  of  changing  county  bound- 
aries, such  change  shall  take  effect  and  the  territory  taken 
from  any  county  and  added  to  another  county  by  reason  of 
such  change  in  county  boundaries  shall  become  a  part  of  the 
county  to  which  it  has  been  added,  and  for  all  purposes  shall 
be  deemed  to  be  a  portion  thereof  and  be  governed  by  the  laws 


STATUTES  RELATING  TO  ELECTIONS.          159 

of  the  State  of  Oregon  relating  to  counties.      [Laws   1913, 
Chap.  10,  p.  23.] 

§   5.      County  Court  to  Appoint  All  County  Officers  in  New  Counties. 

The  county  judge  and  the  county  commissioners  ap- 
pointed under  the  provisions  of  the  preceding  section  relating 
to  formation  of  new  counties  having  qualified  according  to 
law,  acting  as  a  county  court  shall  forthwith  appoint  all  the 
remaining  county  officers  of  the  new  county  so  organized,  who, 
after  having  qualified,  shall  hold  their  offices  until  the  first 
general  election  thereafter  and  their  successors  are  elected 
and  qualified;  provided,  that  all  justices  and  constables  in  office 
within  the  boundaries  of  any  such  new  county  shall  continue  to 
hold  such  office  in  such  new  county  during  the  remainder  of 
their  term,  and  shall  give  bonds  to  such  new  county  of  the 
same  amount  and  in  the  same  manner  as  previously  given  to 
the  original  county  or  counties  in  which  they  were  elected. 
[Laws  1913,  Chap.  10,  p.  23.] 

§   6.      County  Seat  to  Be  Fixed  Temporarily  by  County  Court. 

The  county  court  of  such  new  county  shall  have  power 
to  temporarily  fix  the  county  seat,  and  such  location 
shall  remain  the  county  seat  until  the  first  general  election 
thereafter,  when  the  qualified  voters  of  such  new  county  are 
empowered  to  vote  for  and  select  the  place  of  county  seat  in  the 
manner  provided  by  law.  Immediately  after  the  selection  of 
such  county  seat  either  by  the  county  court  or  by  the  canvass 
of  the  returns  of  votes  cast  at  the  election  for  that  purpose, 
the  county  court  shall  issue  its  proclamation  and  publish  the 
same  in  a  newspaper  published  in  such  new  county,  if  there 
be  one,  and  if  not  by  posting  a  copy  of  such  proclamation  in 
each  election  precinct  in  such  county  announcing  the  selection 
and  location  of  such  county  seat.  [Laws  1913,  Chap.  10, 
p.  23.] 

§   8.      Elections  in  Organizing  Counties. 

All  elections  under  or  in  pursuance  of  this  act,  where  not 
otherwise  provided  for,  shall  be  conducted  in  the  same  manner 
as  required  by  law  for  general  elections,  and  no  refusal  or 
neglect  of  any  official  to  perform  his  lawful  duties  in  con- 
nection therewith  shall  in  any  manner  affect  the  validity 
of  such  election.  [Laws  1913,  Chap.  10,  p.  24.] 


160  STATUTES   RELATING  TO  ELECTIONS. 


OF    OFFENSES    AGAINST    THE    SUFFRAGE. 
§   2029.      Bribing   or  Offering  to   Bribe  Officer. 

If  any  person  shall  corruptly  give,  offer,  or  promise  to  give 
any  gift,  gratuity,  valuable  consideration,  or  thing  whatever, 
or  shall  corruptly  promise  to  do  or  cause  to  be  done  any  act 
beneficial  to  any  judicial,  legislative,  or  executive  officer,  or 
shall  intimidate,  attempt  to  intimidate,  or  shall  threaten  any 
injury  to  the  person  or  property  of  such  or  any  judicial,  legis- 
lative or  executive  officer  with  intent  to  influence  the  vote, 
opinion,  decision,  judgment,  or  other  official  conduct  of  such 
officer  in  any  matter,  question,  duty,  cause  or  proceeding, 
which  then  is  or  by  law  may  come  or  be  brought  before  such 
officer,  or  with  intent  to  influence  such  officer  to  act  in  his 
official  capacity  in  a  particular  manner  so  as  to  produce  or 
prevent  any  particular  result,  such  person,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  penitentiary 
not  less  than  one  nor  more  than  ten  years,  or  by  imprison- 
ment in  the  county  jail  not  less  than  one  month  nor  more  than 
one  year,  or  by  a  fine  of  not  less  than  one  hundred  dollars 
($100)  nor  more  than  one  thousand  dollars  ($1,000). 

§   2055.      Bribing  or  Offering  to  Bribe  Voter. 

If  any  person  shall  give,  offer,  or  promise  to  give  and  gift, 
gratuity,  valuable  consideration,  or  thing  whatever  to  any 
voter  of  this  State,  or  shall  promise  to  do  or  cause  to  be  done 
any  act  beneficial  to  such  voter,  with  intent  to  influence  or 
induce  such  voter  to  vote  at  any  legally  authorized  election  in 
this  State  for  or  against  a  particular  person  or  candidate,  or 
in  a  particular  way,  such  person,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary  not 
less  than  one  year  nor  more  than  five  years,  or  by  imprison- 
ment in  the  county  jail  not  less  than  three  months  nor  more 
than  one  year. 

§   2056.      Voter  Receiving  Bribe  or  Promise  of  the  Same. 

If  any  voter  of  this  State  shall  accept  or  receive  any  gift, 
gratuity,  valuable  consideration,  or  thing,  or  any  promise 
thereof,  or  any  promise  to  do  or  cause  to  be  done  any  act 
beneficial  to  such  voter,  with  the  understanding  or  agree- 
ment, express  or  implied,  that  such  voter  will,  at  any  legally 
authorized  election  in  this  State,  give  his  vote  for  or  against 
a  particular  person  or  candidate,  or  in  a  particular  way, 
such  voter,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  less  than  one  year  nor 
more  than  five  years,  or  by  imprisonment  in  the  county  jail 
not  less  than  three  months  nor  more  than  one  vear. 


STATUTES  RELATING  TO  ELECTIONS.          161 


§   2057.      AToter — Definition    Of — Punishment    for    Second    Crime. 

A  person  who  actually  votes,  or  offers  to  vote  at  the  elec- 
tion specified  and  designated  in  Sections  2055  and  2056, 
although  by  law  he  may  not  be  entitled  to  vote  thereat,  shall 
be  held  and  deemed  to  be  a  voter  within  the  meaning  of  such 
Sections  2055  and  2056,  and  for  the  purposes  therein  ex- 
pressed. If  any  person,  having  been  convicted  of  any  crime 
defined  in  Sections  2055  and  2056,  shall  afterwards  be  con- 
victed of  the  same  or  any  other  crime  therein  denned,  such 
person  shall  be  punished  by  imprisonment  in  the  penitentiary 
as  therein  provided,  and  not  otherwise. 

§   2058.      Voting   or  Offering  to  Vote  Illegally. 

If  any  person  shall  vote,  or  offer  to  vote,  at  any  legally 
authorized  election  in  this  State,  knowing  himself  not  entitled 
by  law  to  vote  thereat,  or  shall  vote,  or  offer  to  vote,  at  any 
poll  or  in  any  precinct  at  any  such  election,  knowing  himself 
not  entitled  to  vote  at  such  poll  or  in  such  precinct,  such 
person,  upon  conviction  thereof,  shall  be  punished  by  impris- 
onment in  the  county  jail  not  less  than  three  months  nor  more 
than  one  year,  or  by  fine  not  less  than  $100  nor  more  than 
$500. 

§   2059.      Violence    to    Prevent    Person    From    Voting,    Etc. — Punish- 
ment  Of. 

If  any  person  or  persons  shall  by  menace,  threat,  or  violence, 
whether  armed  or  unarmed,  intimidate  or  prevent,  or  attempt 
to  intimidate  or  prevent  any  person  from  challenging  another 
voter,  or  to  prevent  any  person  from  voting,  such  person  or 
persons  so  offending  shall,  upon  conviction,  be  punished  by 
imprisonment  in  the  county  jail  not  less  than  three  months 
nor  more  than  one  year. 

§   2060.      Intimidation  of  Voters  by  Corporations,  Etc. 

Any  person  or  corporation  who  directly  or  indirectly  uses 
any  force,  violence,  or  restraint,  or  inflicts  or  threatens  to 
inflict  any  injury,  damage,  harm,  or  loss,  or  in  any  other 
manner  practices  intimidation  upon  or  against  any  person 
in  his  or  its  employ,  in  order  to  induce  or  compel  such  person 
to  refrain  from  voting  at  any  election,  or  to  vote  or  to  refrain 
from  voting  for  or  against  any  person  or  persons,  or  for  or 
against  any  proposition  submitted  to  the  voters  at  such  elec- 
tion, or  to  place  or  cause  to  be  placed,  or  refrain  from  placing 
or  causing  to  be  placed,  his  name  upon  a  registry  of  voters, 
or  on  account  of  any  person  having  so  voted  or  refrained 
from  voting  at  such  election,  or  having  registered  or  refrained 
from  registering  as  a  voter;  or  by  abduction,  duress,  or  any 

Sig.  6 


162          STATUTES  RELATING  TO  ELECTIONS. 

forcible  or  fraudulent  device  or  contrivance  whatsoever  im- 
pedes, prevents,  or  otherwise  interferes  with  the  free  exercise 
of  the  elective  franchise  by  any  such  employee ;  or  compels, 
induces,  or  prevails  upon  any  voter  to  give  or  refrain  from 
giving  his  vote  for  or  against  any  particular  person  or  prop- 
osition, at  any  election;  or,  being  an  employer,  pays  his  em- 
ployee the  salary  or  wages  due  him  in  pay  envelopes  upon 
which  there  is  written  or  printed  any  political  motto,  device, 
or  argument  containing  threats,  expressed  or  implied,  intended 
or  calculated  to  influence  the  political  opinions  or  actions  of 
such  employees;  or  writhin  ninety  days  of  a  general  election 
puts  or  otherwise  exhibits  in  the  establishment  or  place  where 
his  employees  are  engaged  in  labor,  any  handbill  or  placard 
containing  any  threat,  notice,  or  information  that  if  any 
particular  ticket  or  candidate  is  elected  or  defeated,  work  in 
his  place  or  establishment  will  cease  in  whole  or  in  part,  his 
establishment  be  closed  up  or  the  wages  of  his  employees 
reduced,  or  other  threats,  expressed  or  implied,  intended  or 
calculated  to  influence  the  political  opinions  or  actions  of  his 
or  its  employee,  is  guilty  of  a  misdemeanor. 

§   2061.      Penalty  for  Violating  Last  Section. 

Any  person  or  corporation  found  guilty  of  a  violation  of 
any  of  the  provisions  of  the  preceding  section  of  this  act 
shall  be  fined  in  a  sum  not  less  than  $100  nor  more  than 
$1,000,  and  if  a  corporation,  shall  in  addition,  forfeit  its 
charter. 

§   2062.      Importing  Voters  a  Felony. 

Any  person  who  shall  by  promise  of  favor  or  reward,  or 
otherwise,  induce  or  persuade  any  person  to  come  into  this 
State,  or  into  any  county  or  precinct  within  this  State,  for 
the  purpose  and  with  the  intent  that  such  person  shall,  by 
so  changing  his  habitation,  vote  at  any  general  election 
which  may  hereafter  be  held  in  this  State,  at  any  place  where 
such  voter  or  person  is  not  a  bona  fide  resident,  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be 
punished  as  hereinafter  provided. 

§   2063.      Inducing  Voters  to  Absent  Themselves,  a  Felony. 

Any  person  shall  also  be  deemed  guilty  of  a  felony  who 
shall  by  promise  of  favor  or  reward,  or  otherwise,  induce 
or  persuade  any  voter  within  this  State  to  absent  himself 
from  his  actual  and  bona  fide  place  of  residence  with  intent 
to  prevent  or  hinder  such  person  from  voting  at  such  place  of 
residence  at  any  general  election  in  this  State. 


STATUTES  RELATING  TO  ELECTIONS.  163 


§   2064.      Inducing  Voters  to  Stay  Away  From  Polls,  a  Felony. 

Any  person  who  shall,  in  the  manner  provided  in  the  pre- 
ceding section,  induce  or  persuade  any  legal  voter  to  remain 
away  from  the  polls,  and  not  vote  at  any  general  election  in 
this  State  shall,  on  conviction,  be  deemed  guilty  of  a  felony. 

§   2065.      Penalty  for  Violating  the  Preceding  Three  Sections. 

Any  person,  upon  conviction  for  a  violation  of  either  of  the 
three  preceding  sections,  shall  be  imprisoned  in  the  peniten- 
tiary not  less  than  one  nor  more  than  three  years,  or  shall  be 
fined  not  less  than  $100  nor  more  than  $1,000,  or  shall  be  pun- 
ished by  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court,  and  shall  be  forever  ineligible  to  hold  any  office  of 
trust  or  profit  in  this  State. 

§   2066.      Negligence  or  Corruption  of  Officers  of  Election. 

If  any  judge  or  clerk  of  an  election,  or  other  officer  or  person 
on  whom  any  duty  is  enjoined  by  law  relative  to  any  election 
authorized  by  law,  or  to  the  return  or  canvassing  of  votes 
given  at  any  such  election,  shall  be  guilty  of  any  willful  neglect 
of  scuh  duty,  or  of  any  corrupt  conduct  in  the  discharge  of 
the  same,  such  judge,  clerk,  officer,  or  other  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three  years, 
or  by  imprisonment  in  the  county  jail  not  less  than  three 
months  nor  more  than  one  year,  or  by  fine  not  less  than  $100 
nor  more  than  $500. 

§   2067.      Disorderly  Conduct  at  Polls. 

If  any  person  shall  behave  in  a  riotous,  disorderly,  or 
tumultous  manner  at  or  in  the  immediate  vicinity  of  any  poll 
or  place  of  voting  during  the  progress  of  any  election  author- 
ized by  law,  or  shall  willfully  and  wrongfully  disturb  or 
interrupt  the  officers  or  either  of  them  engaged  in  holding  any 
such  election,  or  any  person  being  in  such  vicinity  and  voting 
or  attempting  or  intending  to  vote  thereat,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  not  less  than  one  month  nor  more  than  one  year, 
or  by  fine  not  less  than  $50  nor  more  than  $500. 

§   2130.      Disposing  of  Liquor  on  Election  Day — Penalty  Therefor. 

It  shall  be  unlawful  in  this  State  for  any  person  to  barter, 
sell,  give  away,  or  in  any  manner  dispose  of  any  intoxicating 
liquor  on  the  day  of  any  general  or  special  election  of  state, 
county,  or  municipal  officers,  within  the  state,  district,  county, 
or  corporation  in  which  such  election  is  held.  Any  person 


164          STATUTES  RELATING  TO  ELECTIONS. 


violating  the  provisions  of  this  act  shall,  upon  conviction 
thereof,  be  punished  by  a  fine  of  not  less  than  $25  nor  more 
than  $200,  or  by  imprisonment  in  the  county  jail  not  less 
than  ten  nor  more  than  thirty  days,  or  both,  in  the  discretion 
of  the  court. 

§   2131.      Violations  of  Act  to  Be  Reported  to  Grand  Jury — Fines,  How 
Disposed  Of. 

It  is  hereby  made  the  duty  of  all  magistrates,  sheriffs,  and 
constables  to  report  to  the  grand  jury  all  violations  of  the 
provisions  of  this  act  which  may  come  to  their  knowledge  in 
their  respective  counties ;  and  all  fines  collected  under  this  act 
shall  be  paid  into  and  become  a  part  of  the  common  school 
fund  of  the  county  in  which  the  same  shall  be  collected. 


OFFICERS,  STATE,  COUNTY  AND  DISTRICT. 

§  2587.      Election  of  Congressmen,  When  Held. 

One  representative  to  the  congress  of  the  United  States  shall 
be  elected  in  each  of  the  districts  before  enumerated  on  the 
first  Monday  in  June  in  the  year  of  our  Lord  1892,  and  one 
in  each  of  said  districts  every  two  years  thereafter.  Such 
election  shall  be  held  and  the  returns  thereof  made  and  can- 
vassed in  the  manner  provided  by  law. 

§  2609.      Governor   to   Issue   Certificates   of  Election   to   Senators   and 
Congressmen. 

He  shall  grant  certificates  to  members  duly  elected  to  the 
senate  of  the  United  States,  and  also  to  members  of  congress, 
which  shall  be  signed  by  him,  and  countersigned  by  the  Secre- 
tary of  State,  under  the  seal  of  the  State. 

§   2667.      Election  of  the  Attorney  General. 

There  shall  be  elected  by  the  qualified  electors  of  the  State 
of  Oregon,  at  the  general  election  held  in  June,  1894,  and  each 
fourth  year  thereafter,  an  Attorney  General  who  shall  hold 
his  office  for  the  term  of  four  years  and  until  his  successor  is 
elected  and  qualified. 

§   2744.     Supreme  and  Circuit  Judges  Elected  in  Distinct  Classes. 

Hereafter  there  shall  be  elected  Supreme  and  circuit  judges 
in  distinct  classes  as  hereinafter  provided. 

§   2745.      Supreme  Judges — Election  and  Term  of  Office. 

On  the  first  Monday  of  June,  1880,  there  shall  be  elected 
three  Justices  of  the  Supreme  Court,  whose  terms  of  office 


STATUTES  RELATING  TO  ELECTIONS.          165 


shall  commence  on  the  first  Monday  of  July,  1880,  and  con- 
tinue, one  for  six  years,  one  for  four  years,  and  one  for  two 
years ;  said  terms  to  be  allotted  among  themselves  on  the  first 
day  of  the  first  regular  term  of  court  after  their  election; 
and  at  every  general  election  after  the  said  first  Monday 
in  June,  1880,  there  shall  be  elected  one  or  more  Justices  of 
the  Supreme  Court  to  fill  any  vacancy  that  may  occur  by 
expiration  of  the  term,  death,  resignation,  or  removal. 

§   2748.      Election  of  Additional  Justices — Terms. 

In  addition  to  the  three  Justices  of  the  Supreme  Court  now 
in  office  and  hereafter  to  be  elected  as  provided  by  law,  there 
shall  be  elected  two  additional  Justices,  as  follows :  One  at  the 
next  regular  general  election  to  be  held  on  the  first  Tuesday 
after  the  first  Monday  in  November,  1910,  for  the  term  of  four 
years,  and  four  years  thereafter  his  successor  shall  be  elected 
for  the  term  of  six  years,  and  every  six  years  thereafter ;  and 
one  at  the  next  regular  general  election  to  be  held  in  Novem- 
ber, 1910,  for  the  trem  of  six  years,  and  every  six  years  there- 
after. Each  of  said  additional  Justices  shall  assume  the  duties 
of  his  office  on  the  first  Monday  in  January  following  his  elec- 
tion, and  shall  serve  for  the  term  of  six  years  except  as  herein 
otherwise  provided  and  until  his  successor  has  been  elected 
and  qualified;  and  at  every  general  election  held  after  1910 
there  shall  be  elected  one  or  more  Justices  of  the  Supreme 
Court  to  fill  any  vacancy  that  may  occur  by  expiration  of  the 
term,  death,  resignation,  or  removal  from  office  of  either  of 
said  additional  Justices  of  the  Supreme  Court. 

§    1.      Supreme  Court  to  Consist  of  Seven  Justices. 

From  and  after  the  taking  effect  of  this  act,  the  Supreme 
Court  of  this  State  shall  consist  of  seven  Justices,  possessing 
the  qualifications  now  prescribed  by  law,  for  such  office,  and 
consisting  of  the  five  justices  now  holding  said  office,  whose 
terms  shall  be  as  now  provided  by  law,  and  two  additional 
justices,  to  be  appointed  by  the  Governor  of  this  State  immedi- 
ately upon  the  taking  effect  of  this  act,  who  shall  forthwith 
assume  the  duties  of  their  office  and  who  shall  serve  until 
the  first  Monday  in  January,  1915,  and  until  their  successors 
are  elected  and  qualified.  [Laws  1913,  Chap.  167,  page  294.] 

§   2.      Two   Additional   Justices   of   Supreme   Court. 

In  addition  to  the  five  justices  of  the  Supreme  Court  now 
in  office,  and  hereafter  to  be  elected  as  provided  by  law, 
there  shall  be  elected  at  the  next  general  election  to  be  held 
on  the  first  Tuesday  after  the  first  Monday  of  November,  1914, 
two  additional  justices,  each  for  the  term  of  six  years  and 


166          STATUTES  RELATING  TO  ELECTIONS. 

every  six  years  thereafter;  each  of  such  additional  justices 
shall  receive  the  same  compensation  as  the  other  justices  of 
the  Supreme  Court,  to  be  paid  at  the  same  time,  and  in  the 
same  manner.  [Laws  1913,  Chap.  167,  p.  294.] 

§   3.      Chief  Justice  of  Supreme  Court. 

The  justice  having  the  shortest  term  to  serve  or  the  oldest 
of  several  having  such  shortest  term,  and  not  holding  by 
appointed,  shall  be  chief  justice.  [Laws  1913,  Chap.  167, 
p.  294.] 

§   2775.      Election  of  Circuit  Judges. 

There  shall  be  elected  on  the  first  Monday  in  June,  1880, 
a  circuit  judge  in  each  of  the  judicial  districts  as  they  now 
exist  in  this  State,  whose  terms  of  office  shall  commence  on 
the  first  Monday  in  July,  1880,  and  continue  for  six  years,  and 
until  their  successors  are  elected  and  qualified;  and  at  the 
general  election  in  1886,  and  every  six  years  thereafter,  there 
shall  be  elected  a  circuit  judge  in  each  of  the  said  judicial 
districts,  whose  terms  of  office  shall  commence  on  the  first 
Monday  in  July  thereafter,  and  continue  for  six  years,  and 
until  their  successors  are  elected  and  qualified. 

§   2776.      Sixth  District,  Election  of  Judge. 

There  shall  be  elected  on  the  first  Monday  in  June,  1884,  a 
circuit  judge  in  the  sixth  judicial  district,  created  by  this  act, 
whose  term  of  office  shall  commence  on  the  first  Monday  in 
July,  1884,  and  continue  for  two  years,  and  until  his  successor 
is  elected  and  qualified;  and  at  the  general  election  in  1886, 
and  every  six  years  thereafter,  there  shall  be  elected  a  circuit 
judge  in  said  sixth  judicial  district,  whose  term  of  office  shall 
commence  on  the  first  Monday  in  July  thereafter,  and  continue 
for  six  years,  and  until  his  successor  is  elected  and  qualified. 

§   2777.      Seventh  District,  Election  of  Judge. 

At  the  general  election  in  1886,  and  every  six  years  there- 
after, there  shall  be  elected  a  circuit  judge  in  said  seventh 
judicial  district,  whose  term  of  office  shall  commence  on  the 
first  Monday  in  July  thereafter,  and  continue  for  six  years, 
and  until  his  successor  is  elected  and  qualified ;  and  at  the  same 
time,  and  every  two  years  thereafter,  there  shall  be  electd  a 
prosecuting  attorney  in  said  seventh,  judicial  district  whose 
term  of  office  shall  commence  on  the  first  Monday  in  July 
thereafter,  and  continue  for  two  years,  and  until  his  successor 
is  elected  and  qualified. 


STATUTES   RELATING   TO   ELECTIONS.  167 

§   2778.      Eighth  District,  Election  of  Judge. 

At  the  general  election  in  1906,  there  shall  be  elected  a 
circuit  judge  of  said  eighth  judicial  district  for  the  period  of 
six  years,  whose  term  of  office  shall  commence  on  the  first 
Monday  of  July  thereafter,  and  who  shall  hold  said  office  until 
his  successor  is  elected  and  qualified. 

§   2779.      Ninth  District,  Election  of  Judge. 

There  shall  be  elected  in  and  for  the  said  ninth  judicial  dis- 
trict, in  the  same  manner  as  other  judges  are  elected,  a  circuit 
judge  for  said  ninth  judicial  district  who  shall  be  elected  at  the 
general  election  held  in  the  State  of  Oregon  for  the  year  1898, 
and  every  six  years  thereafter,  and  who  shall  hold  the  office  of 
circuit  judge  of  said  district  for  the  period  of  six  years,  and 
until  his  successor  is  elected  and  qualified. 

§   2780.      Tenth  District,  Election  of  Judge. 

There  shall  be  elected  in  said  tenth  judicial  district,  in  the 
same  manner  as  the  other  circuit  judges  are  elected,  a  circuit 
judge  for  said  tenth  judicial  district,  who  shall  be  elected  at 
the  general  election  to  be  held  in  the  State  of  Oregon  for  the 
year  1908,  and  every  six  years  thereafter,  and  who  shall  hold 
the  office  of  circuit  judge  of  said  district  for  the  period  of  six 
years  and  until  his  successor  is  elected  and  qualified. 

§   2781.      Eleventh  District,  Election  of  Judge. 

At  the  general  election  in  the  year  1908,  and  each  six  years 
thereafter,  there  shall  be  elected  a  circuit  judge  of  said  eleventh 
judicial  district  for  the  period  of  six  years,  whose  term  of  office 
shall  commence  on  the  first  Monday  in  July  thereafter,  and 
who  shall  hold  office  until  his  successor  is  elected  and  qualified. 

§   7.      Twelfth  District,  Election  of  Judge. 

Immediately  after  the  taking  effect  of  this  act,  the  Governor 
shall  appoint  a  suitable  and  qualified  person,  a  resident  of 
the  Twelfth  Judicial  District,  to  serve  as  a  judge  of  the  circuit 
court,  for  the  Twelfth  Judicial  District,  and  until  the  next 
general  election  and  his  successor  is  elected  and  qualified,  and 
there  shall  be  elected  at  the  next  general  election,  to  be  held 
in  the  State  of  Oregon,  and  every  six  years  thereafter,  a  circuit 
judge  of  said  district,  who  shall  hold  office  until  his  successor 
is  elected  and  qualified.  [Laws  1913,  Chap.  231,  p.  421.] 

§   2782.      First  and  Thirteenth  Districts,  Election  of  Judges  In. 

From  and  after  the  passage  of  this  act  the  circuit  judges  of 
the  first  judicial  district  of  the  State  of  Oregon,  as  heretofore 


168          STATUTES  RELATING  TO  ELECTIONS. 

constituted,  respectively  residing  in  the  first  and  thirteenth 
judicial  districts  as  constituted  by  this  act,  shall  be  the  judges 
of  the  first  and  thirteenth  districts  respectively,  and  shall  hold 
their  offices  until  the  first  Monday  in  January,  1911,  and  until 
their  successors  have  been  elected  and  qualified.  At  the  reg- 
ular general  election  held  in  November,  1910,  there  shall  be  a 
circuit  judge  elected  in  each  of  said  [first  and  thirteenth]  dis- 
tricts for  the  term  of  six  years,  who  shall  possess  the  qualifica- 
tions provided  by  law  for  judge  of  the  circuit  court,  and  whose 
term  of  office  shall  begin  on  the  first  Monday  in  January,  1911. 

§   2783.      Additional  Judge  in  the  First  District. 

In  addition  to  the  circuit  judge  now  provided  for  by  law, 
there  shall  be  elected  on  the  first  Monday  of  June,  1892,  and 
on  the  same  day  of  June  every  six  years  thereafter,  a  circuit 
judge  in  and  for  the  first  judicial  district  of  the  State  of 
Oregon,  who  shall  possess  the  qualifications  prescribed  by  law 
for  circuit  judges  of  this  State,  and  whose  term  of  office  shall 
begin  on  the  first  Monday  in  July,  1892,  and  who  shall  hold 
office  and  discharge  the  duties  thereof  for  six  years  from  said 
day,  and  until  his  successor  is  elected  and  qualified. 

§   2784.      Additional  Judge  in  the  Second  District. 

In  addition  to  the  circuit  judge  now  provided  for  by  law, 
there  shall  be  elected  on  the  first  Monday  in  June,  1906,  and  on 
the  same  day  of  June  every  six  years  thereafter,  a  circuit 
judge  in  and  for  the  second  judicial  district  of  the  State  of 
Oregon,  who  shall  possess  the  qualifications  prescribed  by  law 
for  circuit  judges  of  this  State,  and  whose  term  of  office  shall 
begin  on  the  first  Monday  in  July,  1906,  and  who  shall  hold 
office  and  discharge  the  duties  thereof  for  six  years  from  said 
date,  and  until  his  successor  is  elected  and  qualified. 

§   2786.      Third  Judge  in  Second  District. 

In  addition  to  the  circuit  judges  now  provided  for  by  law, 
there  shall  be  elected,  on  the  first  Tuesday  after  the  first  Mon- 
day in  November,  1910,  and  on  the  same  day  of  November 
every  six  years  thereafter,  a  circuit  judge  for  the  second  judi- 
cial district  of  the  State  of  Oregon,,  who  shall  possess  the 
qualifications  prescribed  by  law  for  circuit  judges  of  this  State, 
and  who  shall  hold  office  and  discharge  the  duties  thereof  for 
six  years  from  said  date,  and  until  his  successor  is  elected  and 
qualified. 

§   2788.      Second  Judge  in  Third  District, 

In  addition  to  the  circuit  judges  now  provided  for  by  law, 
there  shall  be  elected  by  the  qualified  voters  of  the  third  judi- 


STATUTES  RELATING  TO  ELECTIONS.          169 

cial  district  of  the  State  of  Oregon,  at  the  general  election  to  be 
held  in  June,  1894,  a  circuit  judge  for  said  district,  and  in  like 
manner  his  successor  shall  be  elected  at  the  general  election  to 
be  held  in  June,  1898,  and  every  six  years  thereafter ;  provided, 
that  any  judge  elected  under  this  act  shall  qualify  and  enter 
upon  the  discharge  of  his  duties  on  the  first  Monday  in  July 
next  after  his  election,  and  shall  continue  in  office  until  the 
election  and  qualification  of  his  successor. 

§   2790.      Additional  Judge  in  Fourth  District. 

In  addition  to  the  circuit  judges  now  provided  for  by  law, 
there  shall  be  elected  on  the  first  Monday  of  June,  1886,  and  at 
the  general  election  every  six  years  thereafter,  a  circuit  judge 
in  the  fourth  judicial  district  of  this  State,  who  shall  possess 
the  qualifications  prescribed  by  law  for  circuit  judges,  and 
whose  term  of  office  shall  commence  on  the  first  Monday  of 
July,  1886,  and  on  the  same  day  of  the  month  exery  six  years 
thereafter,  and  continue  in  office  six  years,  and  until  his  suc- 
cessor is  elected  and  qualified. 

§   2791.      Two  Additional  Judges,  Making  Four  Judges  in  Fourth  Dis- 
trict. 

In  addition  to  the  two  circuit  judges  now  provided  for  by 
law,  there  shall  be  elected  on  the  first  Monday  in  June,  1894, 
and  at  the  general  election  every  six  years  thereafter,  two 
circuit  judges  in  the  fourth  judicial  district  of  the  State,  who 
shall  possess  the  qualifications  prescribed  by  law  for  circuit 
judges,  and  whose  terms  of  office  shall  commence  on  the  first 
Monday  of  July,  1894,  and  who  shall  hold  said  office  for  the 
term  of  six  years,  and  until  their  successors  are  elected  and 
qualified. 

§   2792.      Fifth  Judge  in  Fourth  District. 

In  addition  to  the  four  circuit  judges  now  provided  for  by 
law  there  shall  be  elected  on  the  first  Tuesday  after  the  first 
Monday  in  November,  A.  D.  1910,  and  at  the  general  election 
every  six  years  thereafter  one  circuit  judge  in  the  fourth  judi- 
cial district  of  this  State  who  shall  possess  the  qualifications 
prescribed  by  law  for  circuit  judges  and  whose  term  of  office 
shall  commence  on  the  first  Monday  in  January,  A.  D.  1911, 
and  who  shall  hold  office  for  the  term  of  six  years,  and  until  his 
successor  is  elected  and  qualified. 

§   2794.      Department  for  Which  Each  Judge  Elected  to  Be  Stated  on 
Ballots. 

At  every  general  election  ensuing  after  this  act  goes  into 
effect  at  which  there  is  to  be  one  or  more  circuit  judges  elected 


170          STATUTES  RELATING  TO  ELECTIONS. 

in  said  district,  the  department  for  which  each  judge  is  to  be 
elected  shall  be  stated  upon  the  ballots. 

§   2795.      Additional  Judge  for  Fifth  District,  Where  to  Reside. 

In  addition  to  the  circuit  judge  now  provided  for  by  law  for 
the  fifth  judicial  district  of  the  State  of  Oregon,  there  is  hereby 
created  an  additional  judge  for  said  district,  who  shall  be  a 
resident  of  Clatsop  or  Columbia  counties,  and  whose  successor 
shall  be  chosen  from  the  counties  of  Clatsop  or  Columbia. 
Such  judge  shall  be  appointed  by  the  Governor,  to  hold  office 
until  the  next  general  election  for  State  and  district  officers, 
and  until  his  successor  is  elected  and  qualified,  as  provided  in 
Section  2796  of  this  act;  provided,  however,  that  the  successor 
to  the  present  circuit  judge  in  said  fifth  judicial  district  shall 
be  chosen  from  the  counties  of  Clackamas  or  Washington. 

§   2796.      To  Be  Elected,  When. 

At  the  next  general  election  for  State  and  district  officers 
there  shall  be  elected  an  additional  judge  for  said  fifth  judicial 
district  to  hold  office  for  six  years,  and  until  his  successor  is 
elected  and  qualified. 

§   2817.      Election  of  District  Attorneys. 

There  shall  be  elected  at  the  regular  biennial  election  in 
1916,  and  every  four  years  thereafter,  by  the  qualified  electors 
of  the  several  counties  of  this  State  a  district  attorney  in 
and  for  each  of  such  districts,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  elected  and 
qualified;  provided,  however,  that  each  of  the  district  attor- 
neys in  office  when  this  act  goes  into  effect  shall  then  become 
and  be  district  attorney  for  that  county  of  his  district  of 
which  he  is  then  a  resident,  and  shall  hold  such  latter  office 
until  the  expiration  of  the  term  for  which  he  was  elected,  and 
until  his  successor  is  appointed  or  elected  and  qualified.  [Laws 
1913,  Chap.  343,  p.  686.] 

§   3944.      Election  and  Salary  of  Superintendent. 

A  superintendent  of  public  instruction  shall  be  elected  at  the 
general  election  of  the  year  1902,  and  every  four  years  there- 
after, and  shall  qualify  and  enter  upon  the  duties  of  his  office 
on  the  second  Monday  in  January  following  this  election.  He 
shall  receive  annually  a  salary  of  $3,000,  payable  by  the  State, 
as  the  salaries  of  other  State  officers  are  paid. 

§   3960.      County   Superintendent — Election — Term   of  Office. 

There  shall  be  elected  by  the  legal  voters  of  each  county  at 
the  biennial  election  in  the  year  1900,  and  every  four  years. 


STATUTES  RELATING  TO  ELECTIONS.          171 

thereafter,  a  county  school  superintendent,  who  shall  take  his 
office  on  the  first  Monday  in  August  following  his  election. 
He  shall  hold  his  office  for  four  years,  and  until  his  successor  is 
chosen  and  qualified ;  but  the  present  office  of  the  county  super- 
intendent of  schools  is  not  affected  by  this  section  until  the 
election  in  the  year  1900.  No  person  shall  be  eligible  to  the 
office  of  county  school  superintendent  who  has  not,  at  the  time 
of  his  election  or  appointment,  taught  in  the  school  of  the 
State  at  least  nine  school  months  and  who  does  not  hold  a  first 
grade  county  certificate,  a  State  diploma,  or  a  State  certificate 
in  Oregon ;  and  no  county  clerk  shall  place  the  name  of  a  candi- 
date for  the  office  of  county  school  superintendent  on  an  official 
ballot  unless  said  candidate  shall  furnish  proof  to  such  county 
clerk  that  said  candidate  has  taught  in  the  State  for  nine 
school  months  and  also  holds  one  of  the  certificates  as  provided 
for  in  this  act. 

§   2821.      General  Election,  at  Which  District  Attorney  to  Be  Elected. 

The  general  election  at  which  a  district  attorney  must  be 
elected  is  the  election  next  preceding  the  expiration  of  the  term 
of  the  then  incumbent  of  such  office. 

§   2934.      Clerk,  Sheriff,   Coroner,  Election  Of. 

There  shall  be  elected  at  a  general  election,  by  the  qualified 
voters  of  each  county  in  this  State,  a  sheriff,  county  clerk,  and 
coroner  for  such  county,  who  shall  each  hold  his  office  for  the 
term  of  two  years,  and  until  his  successor  is  elected  and 
qualified. 

§   2942.      Sheriff,  Clerk,  Coroner,  Elected  at  What  General  Election. 

The  general  election  at  which  a  sheriff,  county  clerk,  or 
coroner  must  be  elected  is  the  election  next  preceding  the 
expiration  of  the  term  of  the  then  incumbent  of  such  office. 

§   2943.      Treasurer,   Assessor,   Surveyor,   and  Commissioners,  Election 
Of. 

There  shall  be  elected  at  the  general  election,  by  the  qualified 
electors  of  each  county  in  this  State,  a  county  assessor,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his 
successor  is  elected  and  qualified.  There  shall  also  be  elected 
at  said  general  election,  by  the  qualified  electors,  a  county 
treasurer  and  county  surveyor,  who  shall  hold  their  office  for 
the  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified ;  and  there  shall  also  be  elected  at  such  general 
election  a  county  commissioner  in  each  county,  who  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  successor 
is  elected  and  qualified;  provided  further,  that  in  counties 


172          STATUTES  RELATING  TO  ELECTIONS. 


where  there  is  a  vacancy  from  any  cause  in  the  office  of  county 
commissioner,  then  there  shall  be  elected  at  said  general  elec- 
tion by  the  qualified  electors  of  each  county  in  this  State,  two 
county  commissioners,  one  of  whom  shall  hold  his  office  for 
two  years  and  the  other  four  years,  and  until  their  successors 
are  elected  and  qualified. 

§   2952.      "General   Election,"   What   Is   Within  Meaning  of  Preceding 
Sections. 

The  general  election  at  which  such  officers,  or  either  of  them, 
must  be  elected  is  the  general  election  next  preceding  the 
expiration  of  the  term  of  the  then  incumbent  of  such  office. 

§   3004.      Election  of  Recorder  of  Conveyances  in  Certain  Counties. 

On  and  after  the  first  Monday  in  July,  1892,  there  shall  be 
in  the  counties  of  Clackamas,  Linn,  Benton,  Marion,  Union, 
Washington,  Yamhill,  and  Jackson,  they  each  having  the  num- 
ber of  votes  required  by  the  constitution,  namely,  twelve  hun- 
dred, a  recorder  of  conveyances,  who  shall  be  chosen  in  the 
same  manner  as  the  other  officers  of  the  county  are  chosen, 
and  who  shall  hold  their  offices  for  two  years,  and  until  their 
successors  are  elected  and  qualified ;  provided,  that  the  persons 
to  be  elected  to  such  offices  for  the  term  commencing  on  the 
first  Monday  of  July,  1892,  shall  be  elected  at  the  general  elec- 
tion in  1892.  The  office  of  recorder  of  conveyances  in  the  said 
counties  shall  be  separate  and  distinct  from  the  county  clerk's 
office  of  said  county. 

§   1.      Three  County  Commissioners  in  Multnomah  County. 

That  in  addition  to  the  two  county  commissioners  for  Mult- 
nomah County,  Oregon,  now  provided  for  by  law,  there  shall 
be  elected  on  the  first  Tuesday  after  the  first  Monday  in 
November,  A.  D.  1914,  and  at  the  general  election  every  four 
years  thereafter,  one  county  commissioner  for  said  Multnomah 
County,  who  shall  possess  the  qualifications  prescribed  by  law 
for  the  office  of  county  commissioner,  whose  term  shall  com- 
mence on  the  first  Monday  in  January,  A.  D.  1915,  and  shall 
hold  office  for  a  period  of  four  years  and  until  his  successor 
is  elected  and  qualified.  The  said  commissioner  shall  receive 
the  same  salary  as  now  provided  by  law  for  county  commis- 
sioners of  Multnomah  County  to  be  paid  in  like  manner,  and 
he  shall  have  the  same  powers,  perform  the  same  duties  and 
have  the  same  obligations  as  the  county  commissioners  of 
said  county  now  provided  for  by  law.  [Laws  1913,  Chap.  377, 
p.  767.] 


STATUTES  RELATING  TO  ELECTIONS.  173 

§   3020.      County  Clerk  of  Multnomah,  Election  Of;   Who  Eligible. 

At  the  general  election  held  in  Multnomah  County  in  the 
year  1914  and  biennially  thereafter  there  shall  be  elected  for 
the  term  of  two  years,  and  as  other  county  officers  are  elected, 
a  county  clerk  of  Multnomah  County,  who  shall  assume  the 
duties  of  such  office  at  twelve  o'clock  m.  on  the  first  Monday 
in  January  next  after  his  election  and  shall  hold  such  office  until 
his  successor  is  elected  and  qualified;  and  said  county  clerk 
shall  receive  an  annual  salary  of  four  thousand  five  hundred 
dollars  which  shall  be  paid  monthly  as  the  salaries  of  other 
county  officers  are  paid ;  and  said  county  clerk  shall  not  receive 
any  other  fees  or  emoluments.  A  person  is  not  eligible  to  said 
office  of  county  clerk  unless  he  be  a  citizen  of  the  United  States, 
a  qualified  elector  under  the  constitution  of  this  State,  and 
shall  have  been  a  resident  of  said  county  for  the  period  of  one 
year  next  preceding  his  election.  Said  salary  of  four  thous- 
and five  hundred  dollars  per  annum  shall  be  paid  to  the 
present  incumbent  of  said  office  of  county  clerk  from  and 
after  the  date  this  act  becomes  effective.  The  county  clerk  of 
Multnomah  County  shall  and  it  is  hereby  made  his  express 
duty  to  pay  into  the  county  treasury  of  Multnomah  County  all 
interest  received  or  collected  by  him  on  funds  of  any  kind 
held  by  him  in  his  official  capacity  and  any  and  all  compensa- 
tion collected  or  received  by  him  under  or  by  virtue  of  any  act 
of  Congress  for  any  services  rendered  by  him  under  or  in  con- 
nection with  any  act  of  Congress  on  the  subject  of  or  relating 
to  naturalization  and  any  and  all  fees  or  emoluments  other 
than  said  salary  of  $4,500  per  annum  collected  or  received 
by  him  from  any  source  in  or  by  reason  of  his  official  capacity. 
[Laws  1913,  Chap.  92,  p.  156.] 

§    1.      Clerk  of  Circuit  Court  of  Klamath  County. 

That:  Whereas,  Klamath  County  has  the  number  of  legal 
voters  required  by  the  constitution,  namely  1,200,  there  is 
hereby  created  the  office  of  Clerk  of  the  Circuit  Court  for 
Klamath  County,  who  shall  be  chosen  in  the  same  manner  that 
the  other  officers  of  the  county  are  chosen,  and  who  shall 
hold  his  office  for  two  years,  and  until  his  successor  is  elected 
and  qualified.  The  office  of  Clerk  of  the  Circuit  Court,  in  said 
county,  shall  be  separate  and  distinct  from  the  County  Clerk's 
office  in  said  county. 

The  Clerk  of  the  Circuit  Court  for  said  county,  before  enter- 
ing upon  the  duties  of  his  office,  shall  execute  to  the  State  of 
Oregon,  and  file  with  the  county  court  of  his  county,  a  bond  in 
the  penal  sum  of  $3,000,  with  two  or  more  sufficient  sureties, 
to  be  approved  by  the  County  Judge  of  said  county,  with  con- 
dition that  he  will  faithfully,  correctly  and  properly  perform 


174          STATUTES  RELATING  TO  ELECTIONS. 

all  the  duties  of  his  office,  and  shall  deliver  to  his  successor  in 
office  all  books,  records,  papers  and  things  belonging  to  his 
office,  and  that  then  said  obligation  shall  be  void,  otherwise  to 
remain  in  full  force  and  effect.  [Laws  1913,  Chap.  64,  p.  101.] 

§   3185.      Term  of  Justice's  Office. 

Each  such  justice  of  the  peace  and  constable  district  shall 
elect  one  justice  of  the  peace,  who  shall  hold  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified. 

§   3186.      Constable,  Election  of  and  Term  of  Office. 

Each  such  justice  of  the  peace  and  constable  district  shall 
elect  one  constable  at  each  general  election,  and  who  shall  hold 
his  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified. 

§   3191.      Election  at  Which  Justice  Must  Be  Elected. 

The  general  election  at  which  a  justice  of  the  peace  must 
be  elected  is  the  election  next  preceding  the  expiration  of  the 
term  of  the  then  incumbent  of  such  office. 

§   2586.      State,  How  Divided  Into  Congressional  Districts. 

That  the  State  of  Oregon  be  and  the  same  is  hereby  por- 
tioned into  three  congressional  districts  and  that  the  same  are 
hereby  established  and  shall  be  respectively  composed  as 
herein  set  forth,  to  wit:  The  first  district  shall  be  composed 
of  the  counties  of  Benton,  Clackamas,  Clatsop,  Columbia,  Coos, 
Curry,  Douglas,  Jackson,  Josephine,  Lane,  Lincoln,  Linn, 
Marion,  Polk,  Tillamook,  Washington  and  Yamhill.  The 
second  district  shall  be  composed  of  the  counties  of  Baker, 
Crook,  Gilliam,  Grant,  Hood  River,  Harney,  Klamath,  Lake, 
Malheur,  Morrow,  Sherman,  Umatilla,  Union,  Wallowa, 
Wheeler  and  Wasco.  The  third  district  shall  be  composed  of 
the  county  of  Multnomah. 

§    1.      Constables  and  Deputies  in  Cities  of  Over  One  Hundred  Thousand. 

There  shall  be  in  every  city  of  the  State  of  Oregon  having 
100,000  or  more  inhabitants,  one  constable  who  shall  be  elected 
at  the  election  for  such  office  next  preceding  the  expiration 
of  the  term  of  office  of  their  respective  predecessors,  by  the 
qualified  electors  of  said  city  and  of  such  contiguous  territory, 
as  shall  have  been  or  may  be  hereafter  set  off  and  established 
by  the  county  courts  of  the  several  counties  of  the  State  as  a 
part  of  the  justice  of  the  peace  and  constable  district,  com- 
prising such  city  and  such  contiguous  territory  in  the  manner 
now  provided  by  law.  [Laws  1911,  Chap.  215.] 


STATUTES   RELATING   TO   ELECTIONS.  175 

§   3030.      Notice  of  Election  Contests  in  Multnomah  County. 

Notices  of  contests  in  the  election  of  any  township  or  pre- 
cinct officers  in  Multnomah  County  shall  be  returned  to  the 
clerk  of  the  county.  Notices  of  contests  in  the  election  of 
county  or  district  officers  in  Multnomah  County  shall  be 
returned  to  the  clerk  of  the  county ;  and  the  clerk  of  the  county 
shall  issue  certificates  of  election  to  persons  declared  to  be 
elected  to  any  office  by  the  circuit  or  county  court  of  Mult- 
nomah County. 

§   2868.      Election  to  Determine  Upon  Advertising  Resources. 

Upon  a  petition,  signed  by  twenty  per  cent  of  ,the  legal 
voters  at  the  last  preceding  election  who  are  taxpayers  of  the 
county,  being  filed  with  the  clerk  of  the  county  not  later  than 
thirty  days  prior  to  the  election  at  which  the  proposition  of 
levying  such  a  tax  is  to  be  voted  upon,  said  clerk  shall  cause 
said  proposition  to  be  printed  on  the  balllot  for  said  election, 
and  the  same  shall  thereby  be  submitted  to  the  voters  of  said 
county,  who  shall  vote  "yes"  or  "no"  thereon.  If  the  same 
shall  receive  a  majority  of  all  the  votes  cast  for  and  against 
the  proposition  at  said  election,  it  shall  be  considered  carried, 
and  the  county  court  shall  levy  the  said  tax  accordingly,  but 
if  the  same  shall  not  receive  a  majority  of  the  votes  cast  for 
and  against  said  proposition,  it  shall  be  considered  defeated. 

§   2877.      Removal  of  County  Seat — Petition  for  Election. 

Whenever  the  inhabitants  of  any  county  of  this  State  desire 
to  remove  the  county  seat  of  the  county  from  the  place  where  it 
is  fixed  by  law,  or  otherwise,  they  shall  present  a  petition  to  the 
county  court  of  their  county  praying  such  removal,  and  that  an 
election  be  held  to  determine  to  what  place  such  removal  must 
be  made ;  provided,  that  the  petition  for  removal  shall  set  forth 
the  names  of  the  towns  or  cities  to  which  such  county  seat  is 
proposed  to  be  removed. 

§   2878.      Election  to  Be  Called  If  Petition  Sufficient. 

If  the  petition  is  signed  by  qualified  electors  of  the  county 
equal  in  number  to  at  least  three-fifths  of  all  the  votes  cast  in 
the  county  at  the  last  preceding  general  election,  the  county 
court  must,  at  the  next  general  election  of  county  officers, 
submit  the  question  of  removal  to  the  electors  of  the  county; 
provided,  that  all  persons  so  signing  said  petition  shall  have 
been  actual  residents  of  said  county  for  at  least  three  months 
immediately  preceding  such  signing. 

§   2879.      Notice  and  Conduct  of  Election. 

Notice  of  such  election,  clearly  stating  the  object,  shall  be 
given,  and  the  election  must  be  held  and  conducted,  and  the 


176      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


returns  made,  in  all  respects  in  the  manner  prescribed  by  law 
in  regard  to  elections  of  county  officers. 

§   2885.      Removal  When  Again  Made. 

When  a  county  seat  of  a  county  has  been  removed  by  a 
popular  vote  of  the  people  of  the  county,  it  may  be  again 
removed  from  time  to  time  in  the  same  manner  provided  by 
this  chapter ;  provided,  no  two  elections  to  effect  such  removal 
be  held  within  four  years. 

§   6026.      General  Election  Days  are  Holidays. 

The  following  days  shall  be  and  are  hereby  declared  to  be 
legal  holidays  in  this  State,  to  wit:  Every  Sunday,  the  first 
day  of  January,  the  twenty-second  day  of  February,  the 
thirtieth  day  of  May,  the  fourth  day  of  July,  the  first  Monday 
in  September,  the  twenty-fifth  day  of  December,  and  every 
day  on  which  an  election  is  held  throughout  the  State,  and 
every  day  appointed  by  the  President  of  the  United  States  or 
by  the  Governor  of  this  State  as  a  day  of  public  fasting, 
thanksgiving  or  holiday.  Whenever  any  legal  holiday  other 
than  a  Sunday  falls  upon  Sunday,  the  Monday  following  shall 
be  and  be  observed  as  such  holiday.  Negotiable  instruments 
falling  due  on  any  legal  holiday  shall  be  due  and  payable  on 
the  next  succeeding  business  day. 


UNITED  STATES  STATUTES  RELATING  TO  CITIZENSHIP. 

[Revised  United  States  Statutes,  p.  351.] 

§   1992.     -Native-Bom  Persons. 

All  persons  born  in  the  United  States  and  not  subject  to  any 
foreign  power,  excluding  Indians  not  taxed,  are  declared  to  be 
citizens  of  the  United  States. 

§    1993.      Children  Born  Abroad. 

All  children  heretofore  born  or  hereafter  born  out  of  the 
limits  and  jurisdiction  of  the  United  States,  whose  fathers 
were  or  may  be  at  the  time  of  their  birth  citizens  thereof,  are 
declared  to  be  citizens  of  the  United  States ;  but  the  rights  of 
citizenship  shall  not  descend  to  children  whose  fathers  never 
resided  in  the  United  States. 

§    1994.      Married  Women. 

Any  woman  who  is  now  or  who  may  hereafter  be  married  to 
a  citizen  of  the  United  States,  and  who  might  herself  be  law- 
fully naturalized,  shall  be  deemed  a  citizen. 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      177 


§   1995.      Persons  Born  in  Former  Territory  of  Oregon. 

All  persons  born  in  the  district  of  country  formerly  known 
as  the  Territory  of  Oregon,  and  subject  to  the  jurisdiction  of 
the  United  States  on  the  eighteenth  day  of  May,  1872,  are 
citizens  in  the  same  manner  as  if  born  elsewhere  in  the  United 
States. 

§   1996.      Army  Deserters  Forfeit  Right  of  Citizenship. 

All  persons  who  deserted  the  military  or  naval  service  of  the 
United  States  and  did  not  return  thereto  or  report  themselves 
to  a  provost  marshal  within  sixty  days  after  the  issuance  of 
the  proclamation  of  the  President,  dated  the  eleventh  day  of 
March,  1865,  are  deemed  to  have  voluntarily  relinquished  and 
forfeited  their  rights  of  citizenship,  as  well  as  their  rights  to 
become  citizens ;  and  such  deserters  shall  be  forever  incapable 
of  holding  any  office  of  trust  or  profit  under  the  United  States, 
or  of  exercising  any  rights  of  citizenship  thereof. 

§   1997.      Certain  Soldiers  and  Sailors  Excepted. 

No  soldier  or  sailor,  however,  who  faithfully  served  accord- 
ing to  his  enlistment  until  the  nineteenth  day  of  April,  1865, 
and  who  without  proper  authority  or  leave  first  obtained,  quit 
his  command  or  refused  to  serve  after  that  date,  shall  be  a 
deserter  from  the  army  or  navy;  but  this  section  shall  be 
construed  solely  as  a  removal  of  any  disability  such  soldier  or 
sailor  may  have  incurred  under  the  preceding  section,  by  the 
loss  of  citizenship  and  of  the  right  to  hold  office  in  consequence 
of  his  desertion. 

§   1998.      Defining  an  Army  Deserter. 

Every  person  who  hereafter  deserts  the  military  or  naval 
service  of  the  United  States,  or  who,  being  duly  enrolled, 
departs  the  jurisdiction  of  the  district  in  which  he  is  enrolled, 
or  goes  beyond  the  limits  of  the  United  States,  with  intent  to 
avoid  any  draft  into  the  military  or  naval  service  lawfully 
ordered,  shall  be  liable  to  all  the  penalties  and  forfeitures  of 
Section  1996. 

§    1999.      Right  of  Expatriation  Declared. 

Whereas  the  right  of  expatriation  is  a  natural  and  inherent 
right  of  all  people,  indispensable  to  the  enjoyment  of  the  rights 
of  life,  liberty,  and  the  pursuit  of  happiness ;  and  whereas,  in 
the  recognition  of  this  principle,  this  government  has  freely 
received  emigrants  from  all  nations,  and  invested  them  with 
the  rights  of  citizenship;  and  whereas  it  is  claimed  that  such 
American  citizens,  with  their  descendants,  are  subjects  of 
foreign  states,  owing  allegiance  to  the  government  thereof; 


178      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


and  whereas  it  is  necessary  to  the  maintenance  of  public  peace 
that  this  claim  of  foreign  allegiance  should  be  promptly  and 
finally  disallowed:  hterefore,  any  declaration,  instruction, 
opinion,  order,  or  decision  of  any  officer  of  the  United  States 
which  denies,  restricts,  impairs,  or  questions  the  right  of 
expatriation  is  declared  inconsistent  with  the  fundamental 
principles  of  the  republic. 

§   200O.      Naturalized  Citizens  Protected  in  Foreign  States. 

All  naturalized  citizens  of  the  United  States,  while  in 
foreign  countries,  are  entitled  to  and  shall  receive  from  this 
government  the  same  protection  of  persons  and  property 
which  is  accorded  to  native-born  citizens. 

§   2003.      Interference  by  Army  or  Naval  Officers. 

No  officer  of  the  army  or  navy  of  the  United  States  shall 
prescribe  or  fix,  or  attempt  to  prescribe  or  fix,  by  proclamation, 
order,  or  otherwise,  the  qualifications  of  voters  in  any  state, 
or  in  any  manner  interfere  with  the  freedom  of  any  election 
in  any  state,  or  with  the  exercise  of  the  free  right  of  suffrage 
in  any  state. 

§   2004.      Race,   Color,   or  Previous  Condition  Not  to  Affect  the  Right 
to  Vote. 

All  citizens  of  the  United  States,  who  are  otherwise  qualified 
by  law  to  vote  at  any  election  by  the  people  in  any  state,  terri- 
tory, district,  county,  city,  parish,  township,  school  district, 
municipality,  or  other  territorial  subdivision,  shall  be  entitled 
and  allowed  to  vote  at  all  such  elections  without  distinction  of 
race,  color,  or  previous  condition  of  servitude,  any  constitu- 
tion, law,  custom,  usage,  or  regulation  of  any  state  or  terri- 
tory, or  by  or  under  its  authority,  to  the  contrary  notwith- 
standing. 


NATURALIZATION  LAAVS. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That  the 
designation  of  the  Bureau  of  Immigration  in  the  Department 
of  Commrece  and  Labor  is  hereby  changed  to  the  ' 'Bureau  of 
Immigration  and  Naturalization,"  which  said  Bureau  under 
the  direction  and  control  of  the  Secretary  of  Commerce  and 
Labor,  in  addition  to  the  duties  now  provided  by  law,  shall 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      179 


have  charge  of  all  matters  concerning  the  naturalization  of 
aliens.  That  it  shall  be  the  duty  of  said  Bureau  to  provide  for 
use  at  the  various  immigration  stations  throughout  the  United 
States,  books  of  record,  wherein  the  commissioners  of  immi- 
gration shall  cause  a  registry  to  be  made  in  the  case  of  each 
alien  arriving  in  the  United  States  from  and  after  the  passage 
of  this  Act  of  the  name,  age,  occupation,  personal  description 
(including  height,  complexion,  color  of  hair  and  eyes),  the 
place  of  birth,  the  last  residence,  the  intended  place  of 
residence  in  the  United  States,  and  the  date  of  arrival  of  said 
alien,  and,  if  entered  through  a  port,  the  name  of  the  vessel 
in  which  he  comes.  And  it  shall  be  the  duty  of  said  commis- 
sioners of  immigration  to  cause  to  be  granted  to  such  alien  a 
certificate  of  such  registry,  with  the  particulars  thereof. 

Sec.  2.  That  the  Secretary  of  Commerce  and  Labor  shall 
provide  the  said  Bureau  with  such  additional  furnished 
offices  within  the  city  of  Washington,  such  books  of  record 
and  facilities,  and  such  additional  assistants,  clerks,  stenog- 
raphers, typewriters,  and  other  employees  as  may  be  neces- 
sary for  the  proper  discharge  of  the  duties  imposed  by  this 
act  upon  such  Bureau,  fixing  the  compensation  of  such  addi- 
tional employees  until  July  1,  1907,  within  the  appropriations 
made  for  that  purpose. 

Sec.  3.  That  exclusive  jurisdiction  to  naturalize  aliens 
as  citizens  of  the  United  States  is  hereby  conferred  upon  the 
following  specified  courts: 

United  States  circuit  and  district  courts  now  existing,  or 
which  may  hereafter  be  established  by  Congress  in  any  state, 
United  States  district  courts  for  the  territories  of  Arizona, 
New  Mexico,  Oklahoma,  Hawaii,  and  Alaska,  the  Supreme 
Court  of  the  District  of  Columbia,  and  the  United  States  courts 
for  the  Indian  Territory ;  also  all  courts  of  record  in  any  state 
or  territory  now  existing,  or  which  may  hereafter  be  created, 
having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or 
equity,  or  law  and  equity,  in  which  the  amount  in  controversy 
is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein 
specified,  state,  territory,  and  federal,  shall  extend  only  to 
aliens  resident  within  the  respective  judicial  districts  of  such 
courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the 
clerks  of  such  courts,  be  furnished  from  time  to  time  by  the 
Bureau  of  Immigration  and  Naturalization  with  such  blank 
forms  as  may  be  required  in  the  naturalization  of  aliens,  and 
all  certificates  of  naturalization  shall  be  consecutively  num- 
bered and  printed  on  safety  paper  furnished  by  said  Bureau. 


180      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a  citizen 
of  the  United  States  in  the  following  manner  and  not  other- 
wise: 

First.  He  shall  declare  on  oath  before  the  clerk  of  any 
court  authorized  by  this  act  to  naturalize  aliens,  or  his  author- 
ized deputy,  in  the  district  in  which  such  alien  resides,  two 
years  at  least  prior  to  his  admission,  and  after  he  has  reached 
the  age  of  eighteen  years,  that  it  is  bona  fide  his  intention  to 
become  a  citizen  of  the  United  States,  and  to  renounce  forever 
all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state 
or  sovereignty,  and  particularly,  by  name,  to  the  prince,  poten- 
tate, state,  or  sovereignty  of  which  the  alien  may  be  at  the  time 
a  citizen  or  subject.  And  such  declaration  shall  set  forth  the 
name,  age,  occupation,  personal  description,  place  of  birth,  last 
foreign  residence  and  allegiance,  the  date  of  arrival,  the  name 
of  the  vessel,  if  any,  in  which  he  came  to  the  United  States,  and 
the  present  place  of  residence  in  the  United  States  of  said 
alien ;  provided,  however,  that  no  alien  who,  in  conformity  with 
the  law  in  force  at  the  date  of  his  declaration,  has  declared  his 
intention  to  become  a  citizen  of  the  United  States  shall  be  re- 
quired to  renew  such  declaration ;  provided  further,  that  any 
person  belonging  to  the  class  of  persons  authorized  and  quali- 
fied under  existing  law  to  become  a  citizen  of  the  United  States 
who  has  resided  constantly  in  the  United  States  during  a 
period  of  five  years  next  preceding  May  1,  1910,  who,  because 
of  misinformation  in  regard  to  his  citizenship  or  the  require- 
ments of  the  law  governing  the  naturalization  of  citizens  has 
labored  and  acted  under  the  impression  that  he  was  or  could 
become  a  citizen  of  the  United  States  and  has  in  good  faith 
exercised  the  rights  or  duties  of  a  citizen  or  intended  citizen  of 
the  United  States  because  of  such  wrongful  information  and 
belief  may,  upon  making  a  showing  of  such  facts  satisfactory 
to  a  court  having  jurisdiction  to  issue  papers  of  naturalization 
to  an  alien,  and  the  court  in  its  judgment  believes  that  such 
person  has  been  for  a  period  of  more  than  five  years  entitled 
upon  proper  proceedings  to  be  naturalized  as  a  citizen  of  the 
United  States,  receive  from  the  said  court  a  final  certificate 
of  naturalization,  and  said  court  may  issue  such  certificate 
without  requiring  proof  of  former  declaration  by  or  on  the 
part  of  such  person  of  their  intention  to  become  a  citizen  of 
the  United  States,  but  such  applicant  for  naturalization  shall 
comply  in  all  other  respects  with  the  law  relative  to  the 
issuance  of  final  papers  of  naturalization  to  aliens. 

Second.  Not  less  than  two  years  nor  more  than  seven  years 
after  he  has  made  such  declaration  of  intention  he  shall  make 
and  file,  in  duplicate,  a  petition  in  writing,  signed  by  the  appli- 
cant in  his  own  handwriting  and  duly  verified,  in  which 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      181 


petition  such  applicant  shall  state  his  full  name,  his  place  of 
residence  (by  street  and  number,  if  possible),  his  occupation, 
and  if  possible,  the  date  and  place  of  his  birth ;  the  place  from 
which  he  emigrated,  and  the  date  and  place  of  his  arrival  in 
the  United  States,  and,  if  he  entered  through  a  port,  the  name 
of  the  vessel  on  which  he  arrived ;  the  time  when  and  the  place 
and  name  of  the  court  where  he  declared  his  intention  to 
become  a  citizen  of  the  United  States ;  if  he  is  married  he  shall 
state  the  name  of  his  wife  and,  if  possible,  the  country  of  her 
nativity  and  her  place  of  residence  at  the  time  of  filing  his 
petition;  and  if  he  has  children,  the  name,  date,  and  place  of 
birth  and  place  of  residence  of  each  child  living  at,  the  time 
of  the  filing  of  his  petition;  provided,  that  if  he  has  filed  his 
declaration  before  the  passage  of  this  act  he  shall  not  be 
required  to  sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or 
opposed  to  organized  government,  or  a  member  of  or  affiliated 
with  any  organization  or  body  of  persons  teaching  disbelief  in 
or  opposed  to  organized  government,  a  polygamist  or  believer 
in  the  practice  of  polygamy,  and  that  it  is  his  intention  to 
become  a  citizen  of  the  United  States  and  to  renounce  abso- 
lutely and  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state,  or  sovereignty,  and  particularly  by 
name  to  the  prince,  potentate,  state,  or  sovereignty  of  which 
he  at  the  time  of  filing  of  his  petition  may  be  a  citizen  or  sub- 
ject, and  that  it  is  his  intention  to  reside  permanently  within 
the  United  States,  and  whether  or  not  be  has  been  denied 
admission  as  a  citizen  of  the  United  States,  and,  if  denied,  the 
ground  or  grounds  of  such  denial,  the  court  or  courts  in  which 
such  decision  was  rendered,  and  that  the  cause  for  such  denial 
has  since  been  cured  or  removed,  and  every  fact  material  to 
his  naturalization  and  required  to  be  proved  upon  the  final 
hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at  least 
two  credible  witnesses,  who  are  citizens  of  the  United  States, 
and  who  shall  state  in  their  affidavits  that  they  have  personally 
known  the  applicant  to  be  a  resident  of  the  United  States  for  a 
period  of  at  least  five  years  continuously,  and  of  the  state, 
territory,  or  district  in  which  the  application  is  made  for  a 
period  of  at  least  one  year  immediately  preceding  the  date  of 
the  filing  of  his  petition,  and  that  they  each  have  personal 
knowledge  that  the  petitioner  is  a  person  of  good  moral 
character,  and  that  he  is  in  every  way  qualified,  in  their 
opinion,  to  be  admitted  as  a  citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with  the 
clerk  of  the  court  a  certificate  from  the  Department  of  Com- 
merc3  and  Labor,  if  the  petitioner  arrives  in  the  United  States 


182      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


after  the  passage  of  this  act,  stating  the  date,  place,  and  man- 
ner of  his  arrival  in  the  United  States,  and  the  declaration  of 
intention  of  such  petitioner,  which  certificate  and  declaration 
shall  be  attached  to  and  made  a  part  of  said  petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the  Consti- 
tution of  the  United  States,  and  that  he  absolutely  and  entirely 
renounces  and  abjures  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state,  or  sovereignty,  and  particularly  by 
name  to  the  prince,  potentate,  state,  or  sovereignty  of  which 
he  was  before  a  citizen  or  subject;  that  he  will  support  and 
defend  the  Constitution  and  laws  of  the  United  States  against 
all  enemies,  foreign  and  domestic,  and  bear  true  faith  and 
allegiance  to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction  of 
the  court  admitting  any  alien  to  citizenship  that  immediately 
preceding  the  date  of  his  application  he  has  resided  continu- 
ously within  the  United  States  five  years  at  least,  and  within 
the  state  or  territory  where  such  court  is  at  the  time  held  one 
year  at  least,  and  that  during  that  time  he  has  behaved  as  a 
man  of  good  moral  character,  attached  to  the  principles  of  the 
Constitution  of  the  United  States,  and  well  disposed  to  the 
good  order  and  happiness  of  the  same.  In  addition  to  the  oath 
of  the  applicant,  the  testimony  of  at  least  two  witnesses, 
citizens  of  the  United  States,  as  to  the  facts  of  residence, 
moral  character,  and  attachment  to  the  principles  of  the 
Constitution  shall  be  required,  and  the  name,  place  of  resi- 
dence, and  occupation  of  each  witness  shall  be  set  forth  in 
the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to  citizen- 
ship has  borne  any  hereditary  title,  or  has  been  of  any  of  the 
orders  of  nobility  in  the  kingdom  or  state  from  which  he  came, 
he  shall,  in  addition  to  the  above  requisites,  make  an  express 
renunciation  of  his  title  or  order  of  nobility  in  the  court  to 
which  his  application  is  made,  and  his  renunciation  shall  be 
recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  intention  to 
become  a  citizen  of  the  United  States  dies  before  he  is  actually 
naturalized  the  widow  and  minor  children  of  such  alien  may, 
by  complying  with  the  other  provisions  of  this  act,  be  natural- 
ized without  making  any  declaration  of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately 
after  filing  the  petition,  give  notice  thereof  by  posting  in  a 
public  and  conspicuous  place  in  his  office,  or  in  the  building 
in  which  his  office  is  situated,  under  an  appropriate  heading, 
the  name,  nativity,  and  residence  of  the  alien,  the  date  and 
place  of  his  arrival  in  the  United  States,  and  the  date,  as 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      183 

nearly  as  may  be,  for  the  final  hearing  of  his  petition,  and  the 
names  of  the  witnesses  whom  the  applicant  expects  to  summon 
in  his  behalf;  and  the  clerk  shall,  if  the  applicant  requests  it, 
issue  a  subprena  for  the  witnesses  so  named  by  the  said 
applicant  to  appear  upon  the  day  set  for  the  final  hearing, 
but  in  case  such  witnesses  can  not  be  produced  upon  the  final 
hearing  other  witnesses  may  be  summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made 
and  filed  during  term  time  or  vacation  of  the  court  and  shall 
be  docketed  the  same  day  as  filed,  but  final  action  thereon 
shall  be  had  only  on  stated  days,  to  be  fixed  by  rule  of  the 
court,  and  in  no  case  shall  final  action  be  had  upon  a  petition 
until  at  least  ninety  days  have  elapsed  after  filing  and  posting 
the  notice  of  such  petition;  provided,  that  no  person  shall  be 
naturalized  nor  shall  any  certificate  of  naturalization  be  issued 
by  any  court  within  thirty  days  preceding  the  holding  of  any 
general  election  within  its  territorial  jurisdiction.  It  shall 
be  lawful,  at  the  time  and  as  a  part  of  the  naturalization  of 
any  alien,  for  the  court,  in  its  discretion,  upon  the  petition  of 
such  alien,  to  make  a  decree  changing  the  name  of  said  alien, 
and  his  certificate  of  naturalization  shall  be  issued  to  him  in 
accordance  therewith. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is  opposed 
to  organized  government,  or  who  is  a  member  of  or  affiliated 
with  any  organization  entertaining  and  teaching  such  dis- 
belief in  or  opposition  to  organized  government,  or  who 
advocates  or  teaches  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers,  either 
of  specific  individuals  or  of  officers  generally,  of  the  Govern- 
ment of  the  United  States,  or  of  any  other  organized  govern- 
ment, because  of  his  or  their  official  character,  or  who  is  a 
polygamist,  shall  naturalized  or  be  made  a  citizen  of  the 
United  States. 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized  or 
admitted  as  a  citizen  of  the  United  States  who  can  not  speak 
the  English  language;  provided,  that  this  requirement  shall 
not  apply  to  aliens  who  are  physically  unable  to  comply  there- 
with, if  they  are  otherwise  qualified  to  become  citizens  of  the 
United  States ;  and  provided  further,  that  the  requirements  of 
this  section  shall  not  apply  to  any  alien  who  has  prior  to  the 
passage  of  this  act  declared  his  intention  to  become  a  citizen 
of  the  United  States  in  conformity  with  the  law  in  force  at  the 
date  of  making  such  declaration;  provided  further,  that  the 
requirements  of  Section  8  shall  not  apply  to  aliens  who  shall 
hereafter  declare  their  intention  to  become  citizens  and  who 
shall  make  homestead  entries  upon  the  public  lands  of  the 
United  States  and  comply  in  all  respects  with  the  laws 
providing  for  homestead  entries  on  such  lands. 


184      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 

Sec.  9.  That  every  final  hearing  upon  such  petition  shall  be 
had  in  open  court  before  a  judge  or  judges  thereof,  and  every 
final  order  which  may  be  made  upon  such  petition  shall  be 
under  the  hand  of  the  court  and  entered  in  full  upon  a  record 
kept  for  that  purpose,  and  upon  such  final  hearing  of  such  peti- 
tion the  applicant  and  witnesses  shall  be  examined  under  oath 
before  the  court  and  in  the  presence  of  the  court. 

Sec.  10.  That  in  case  the  petitioner  has  not  resided  in 
the  state,  territory,  or  district  for  a  period  of  five  years 
continuously  and  immediately  preceding  the  filing  of  his 
petition  he  may  establish  by  two  witnesses,  both  in  his  petition 
and  at  the  hearing,  the  time  of  his  residence  within  the  state, 
provided  that  it  has  been  for  more  than  one  year,  and  the 
remaining  portion  of  his  five  years'  residence  within  the 
United  States  required  by  law  to  be  established  may  be  proved 
by  the  depositions  of  two  or  more  witnesses  who  are  citizens 
of  the  United  States,  upon  notice  to  the  Bureau  of  Immigra- 
tion and  Naturalization  and  the  United  States  attorney  for 
the  district  in  which  said  witnesses  may  reside. 

Sec.  11.  That  the  United  States  shall  have  the  right  to 
appear  before  any  court  or  courts  exercising  jurisdiction  in 
naturalization  proceedings  for  the  purpose  of  cross-examining 
the  petitioner  and  the  witnesses  produced  in  support  of  his 
petition  concerning  any  matter  touching  or  in  any  way  affect- 
ing his  right  to  admission  to  citizenship,  and  shall  have  the 
right  to  call  witnesses,  produce  evidence,  and  be  heard  in 
opposition  to  the  granting  of  any  petition  in  naturalization 
proceedings. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk  of 
each  and  every  court  exercising  jurisdiction  in  naturalization 
matters  under  the  provisions  of  this  act  to  keep  and  file  a 
duplicate  of  each  declaration  of  intention  made  before  him 
and  to  send  to  the  Bureau  of  Immigration  and  Naturalization 
at  Washington,  within  thirty  days  after  the  issuance  of  a 
certificate  of  citizenship,  a  duplicate  of  such  certificate,  and 
to  make  and  keep  on  file  in  his  office  a  stub  for  each  cer- 
tificate so  issued  by  him,  whereon  shall  be  entered  a  mem- 
orandum of  all  the  essential  facts  set  forth  in  such  certificate. 
It  shall  also  be  the  duty  of  the  clerk  of  each  of  said  courts 
to  report  to  the  said  bureau,  within  thirty  days  after  the  final 
hearing  and  decision  of  the  court,  the  name  of  each  and  every 
alien  who  shall  be  denied  naturalization,  and  to  furnish  to 
said  bureau  duplicates  of  all  petitions  within  thirty  days  after 
the  filing  of  the  same,  and  certified  copies  of  such  other  pro- 
ceedings and  orders  instituted  in  or  issued  out  of  said  court 
affecting  or  relating  to  the  naturalization  of  aliens  as  may 
be  required  from  time  to  time  by  the  said  bureau. 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      185 

In  case  any  such  clerk  or  officer  acting  under  his  direction 
shall  refuse  or  neglect  to  comply  with  any  of  the  foregoing 
provisions  he  shall  forfeit  and  pay  to  the  United  States  the 
sum  of  twenty-five  dollars  in  each  and  every  case  in  which 
such  violation  or  omission  occurs,  and  the  amount  of  such 
forfeiture  may  be  recovered  by  the  United  States  in  an  action 
of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in  natur- 
alization matters  shall  be  responsible  for  all  blank  certificates 
of  citizenship  received  by  them  from  time  to  time  from  the 
Bureau  of  Immigration  and  Naturalization,  and  shall  account 
for  the  same  to  the  said  bureau  whenever  required  so  to  do 
by  such  bureau.  No  certificate  of  citizenship  received  by  any 
such  clerk  which  may  be  defaced  or  injured  in  such  manner 
as  to  prevent  its  use  as  herein  provided  shall  in  any  case  be 
destroyed,  but  such  certificate  shall  be  returned  to  the  said 
bureau;  and  in  case  any  such  clerk  shall  fail  to  return  or 
properly  account  for  any  certificate  furnished  by  the  said 
bureau,  as  herein  provided,  he  shall  be  liable  to  the  United 
States  in  the  sum  of  fifty  dollars,  to  be  recovered  in  an  action 
of  debt,  for  each  and  every  certificate  not  properly  accounted 
for  or  returned. 

Sec.  13.  That  the  clerk  of  each  and  every  court  exercising 
jurisdiction  in  naturalization  cases  shall  charge,  collect,  and 
account  for  the  following  fees  in  each  proceeding: 

For  receiving  and  filing  a  declaration  of  intention  and  issu- 
ing a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an  alien  for 
admission  as  a  citizen  of  the  United  States  and  for  the  final 
hearing  thereon,  two  dollars ;  and  for  entering  the  final  order 
and  the  issuance  of  the  certificate  of  citizenship  thereunder,  if 
granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  author- 
ized to  retain  one-half  of  the  fees  collected  by  him  in  such 
naturalization  proceeding;  the  remaining  one-half  of  the 
naturalization  fees  in  each  case  collected  by  such  clerks, 
respectively,  shall  be  accounted  for  in  their  quarterly  accounts, 
which  they  are  hereby  required  to  render  the  Bureau  of  Immi- 
gration and  Naturalization,  and  paid  over  to  such  bureau  with- 
in thirty  days  from  the  close  of  each  quarter  in  each  and 
every  fincal  year,  and  the  moneys  so  received  shall  be  paid 
over  to  the  disbursing  clerk  of  the  Department  of  Commerce 
and  Labor,  who  shall  thereupon  deposit  them  in  the  treasury 
of  the  United  States,  rendering  an  account  therefor  quarterly 
to  the  auditor  for  the  State  and  other  departments,  and  the 
said  disbursing  clerk  shall  be  held  responsible  under  his  bond 
for  said  fees  so  received. 


186      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


In  addition  to  the  fees  herein  required,  the  petitioner  shall, 
upon  the  filing  of  his  petition  to  become  a  citizen  of  the  United 
States,  deposit  with  and  pay  to  the  clerk  of  the  court  a  sum  of 
money  sufficient  to  cover  the  expenses  of  subpoenaing  and  pay- 
ing the  legal  fees  of  any  witnesses  for  whom  he  may  request  a 
subpoena,  and  upon  the  final  discharge  of  such  witnesses  they 
shall  receive,  if  they  demand  the  same  from  the  clerk,  the  cus- 
tomary and  usual  witness  fees  from  the  moneys  which  the 
petitioner  shall  have  paid  to  such  clerk  for  such  purpose,  and 
the  residue,  if  any,  shall  be  returned  by  the  clerk  to  the 
petitioner ;  provided,  that  the  clerks  of  courts  exercising  juris- 
diction in  naturalization  proceedings  shall  be  permitted  to 
retain  one-half  of  the  fees  in  any  fiscal  year  up  to  the  sum 
of  three  thousand  dollars,  and  that  all  fees  received  by  such 
clerks  in  naturalization  proceedings  in  excess  of  such  amount 
shall  be  accounted  for  and  paid  over  to  said  bureau  as  in  case 
of  other  fees  to  which  the  United  States  may  be  entitled 
under  the  provisions  of  this  act.  The  clerks  of  the  various 
courts  exercising  jurisdiction  in  naturalization  proceedings 
shall  pay  all  additional  clerical  force  that  may  be  required  in 
performing  the  duties  imposed  by  this  act  upon  the  clerks 
of  courts  from  fees  received  by  such  clerks  in  naturalization 
proceedings. 

And  in  case  the  clerk  of  any  court  exercising  naturalization 
jurisdiction  collects  fees  in  excess  of  the  sum  of  six  thousand 
dollars  in  any  fiscal  year  the  Secretary  of  Commerce  and  Labor 
may  allow  salaries,  for  naturalization  purposes  only,  to  pay 
for  clerical  assistance,  to  be  selected  and  employed  by  that 
clerk,  additional  to  the  clerical  force,  for  which  clerks  of 
courts  are  required  by  this  section  to  pay  from  fees  received 
by  such  clerks  in  naturalization  proceedings,  if  in  the  opinion 
of  said  secretary  the  naturalization  business  of  such  clerk 
warrants  further  additional  assistance;  provided,  that  in  no 
event  shall  the  whole  amount  allowed  the  clerk  of  a  court 
and  his  assistants  exceed  the  one-half  of  the  gross  receipts 
of  the  office  of  said  clerk  from  naturalization  fees  during 
such  fiscal  year;  provided  further,  that  when,  at  the  close  of 
any  fiscal  year,  the  business  of  such  clerk  of  court  indicates 
in  the  opinion  of  the  Secretary  of  Commerce  and  Labor  that 
the  naturalization  fees  for  the  succeeding  fiscal  year  will  exceed 
six  thousand  dollars  the  Secretary  of  Commerce  and  Labor 
may  authorize  the  continuance  of  the  allowance  of  salaries 
for  the  additional  clerical  assistance  herein  provided  for  and 
employed  on  the  last  day  of  the  fiscal  year  until  such  time 
as  the  remittances  indicate  in  the  opinion  of  said  secretary 
that  the  fees  for  the  then  current  fiscal  year  will  not  be 
sufficient  to  allow  the  additional  clerical  assistance  authorized 
by  this  act. 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      187 


That  payment  for  the  additional  clerical  assistance  herein 
authorized  shall  be  in  the  manner  and  under  such  regulations 
as  the  Secretary  of  Commerce  and  Labor  may  prescribe. 

Sec.  14.  That  the  declarations  of  intention  and  the  petitions 
for  naturalization  shall  be  bound  in  chronological  order  in 
separate  volumes,  indexed,  consecutively  numbered,  and  made 
part  of  the  records  of  the  court.  Each  certificate  of  naturali- 
zation issued  shall  bear  upon  its  face,  in  a  place  prepared 
therefor,  the  volume  number  and  page  number  of  the  petition 
whereon  such  certificate  was  issued,  and  the  volume  number 
and  page  number  of  the  stub  of  such  certificate. 

Sec.  15.  That  it  shall  be  the  duty  of  the  United  States 
district  attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in  any 
court  having  jurisdiction  to  naturalize  aliens  in  the  judicial 
district  in  which  the  naturalized  citizen  may  reside  at  the  time 
of  bringing  the  suit,  for  the  purpose  of  setting  aside  and  can- 
celing the  certificate  of  citizenship  on  the  ground  of  fraud 
or  on  the  ground  that  such  certificate  of  citizenship  was 
illegally  procured.  In  any  such  proceedings  the  party  holding 
the  certificate  of  citizenship  alleged  to  have  been  fraudulently 
or  illegally  procured  shall  have  sixty  days'  personal  notice 
in  which  to  make  answer  to  the  petition  of  the  United  States ; 
and  if  the  holder  of  such  certificate  be  absent  from  the  United 
States  or  from  the  district  in  which  he  last  had  his  residence, 
such  notice  shall  be  given  by  publication  in  the  manner  pro- 
vided for  the  service  of  summons  by  publication  or  upon 
absentees  by  the  laws  of  the  State  or  the  place  where  such 
suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citizen- 
ship under  the  provisions  of  this  act  shall,  within  five  years 
after  the  issuance  of  such  certificate,  return  to  the  country 
of  his  nativity,  or  go  to  any  other  foreign  country,  and  take 
permanent  residence  therein,  it  shall  be  considered  prima  facie 
evidence  of  a  lack  of  intention  on  the  part  of  such  alien  to 
become  a  permanent  citizen  of  the  United  States  at  the  time 
of  filing  his  application  for  citizenship,  and,  in  the  absence 
of  countervailing  evidence,  it  shall  be  sufficient  in  the  proper 
proceeding  to  authorize  the  cancellation  of  his  certificate  of 
citizenship  as  fraudulent,  and  the  diplomatic  and  consular 
officers  of  the  United  States  in  foreign  countries  shall  from 
time  to  time,  through  the  Department  of  State,  furnish  the 
Department  of  Justice  with  the  names  of  those  within  their 
respective  jurisdictions  who  have  such  certificates  of  citizen- 
ship and  who  have  taken  permanent  residence  in  the  country 
of  their  nativity,  or  in  any  other  foreign  country,  and  such 
statements,  duly  certified,  shall  be  admissible  in  evidence  in 
all  courts  in  proceedings  to  cancel  certificates  of  citizenship. 


188      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


Whenever  any  certificate  of  citizenship  shall  be  set  aside 
or  canceled,  as  herein  provided,  the  court  in  which  such  judg- 
ment or  decree  is  rendered  shall  make  an  order  canceling 
such  certificate  of  citizenship  and  shall  send  a  certified  copy 
of  such  order  to  the  Bureau  of  Immigration  and  Naturaliza- 
tion; and  in  case  such  certificate  was  not  originally  issued  by 
the  court  making  such  order  it  shall  direct  the  clerk  of  the 
court  to  transmit  a  copy  of  such  order  and  judgment  to  the 
court  out  of  which  such  certificate  of  citizenship  shall  have 
been  originally  issued.  And  it  shall  thereupon  be  the  duty  of 
the  clerk  of  the  court  receiving  such  certified  copy  of  the 
order  and  judgment  of  the  court  to  enter  the  same  of  record 
and  to  cancel  such  original  certificate  of  citizenship  upon  the 
records  and  to  notify  the  Bureau  of  Immigration  and  Natural- 
ization of  such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certifi- 
cates of  citizenship  issued  under  the  provisions  of  this  act, 
but  to  all  certificates  of  citizenship  which  may  have  been 
issued  heretofore  by  any  court  exercising  jurisdiction  in 
naturalization  proceedings  under  prior  laws. 

Sec.  16.  That  every  person  who  falsely  makes,  forges,  coun- 
terfeits, or  causes  or  procures  to  be  falsely  made,  forged,  or 
counterfeited,  or  knowingly  aids  or  assists  in  falsely  making, 
forging,  or  counterfeiting  any  certificate  of  citizenship,  with 
intent  to  use  the  same,  or  with  the  intent  that  the  same  may  be 
used  by  some  other  person  or  persons,  shall  be  guilty  of  a  fel- 
ony, and  a  person  convicted  of  such  offense  shall  be  punished 
by  imprisonment  for  not  more  than  ten  years,  or  by  a  fine  of 
not  more  than  ten  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

Sec.  17.  That  every  person  who  engraves  or  causes  or  pro- 
cures to  be  engraved,  or  assists  in  engraving,  any  plate  in 
the  likeness  of  any  plate  designed  for  the  printing  of  a  certifi- 
cate of  citizenship,  or  who  sells  any  such  plate,  or  who  brings 
into  the  United  States  from  any  foreign  place  any  such  plate, 
except  under  the  direction  of  the  Secretary  of  Commerce  and 
Labor,  or  other  proper  officer,  and  any  person  who  has  in  his 
control,  custody,  or  possession  any  metallic  plate  engraved 
after  the  similitude  of  any  plate  from  which  any  such  cer- 
tificate has  been  printed,  with  intent  to  use  such  plate  or  suf- 
fer the  same  to  be  used  in  forging  or  counterfeiting  any  such 
certificate  or  any  part  thereof;  and  every  person  who  prints, 
photographs,  or  in  any  other  manner  causes  to  be  printed, 
photographed,  made,  or  executed,  any  print  or  impression 
in  the  likeness  of  any  such  certificate,  or  any  part  thereof,  or 
who  sells  any  such  certificate,  or  brings  the  same  into  the 
United  States  from  any  foreign  place,  except  by  direction  of 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      189 


some  proper  officer  of  the  United  States,  or  who  has  in  his 
possession  a  distinctive  paper  which  has  been  adopted  by  the 
proper  officer  of  the  United  States  for  the  printing  of  such 
certificate,  with  intent  to  unlawfully  use  the  same,  shall  be 
punished  by  a  fine  of  not  more  than  ten  thousand  dollars,  or 
by  imprisonment  at  hard  labor  for  not  more  than  ten  years, 
or  by  both  such  fine  and  imprisonment. 

Sec.  18.  That  it  is  hereby  made  a  felony  for  any  clerk  or 
other  person  to  issue  or  be  a  party  to  the  issuance  of  a  certifi- 
cate of  citizenship  contrary  to  the  provisions  of  this  act,  except 
upon  a  final  order  under  the  hand  of  a  court  having  jurisdic- 
tion to  make  such  order,  and  upon  conviction  thereof  such 
clerk  or  other  person  shall  be  punished  by  imprisonment  for 
not  more  than  five  years  and  by  a  fine  of  not  more  'than  five 
thousand  dollars,  in  the  discretion  of  the  court. 

Sec.  19.  That  every  person  who  without  lawful  excuse  is 
possessed  by  any  blank  certificate  of  citizenship  provided  by 
the  Bureau  of  Immigration  and  Naturalization,  with  intent 
unlawfully  to  use  the  same,  shall  be  imprisoned  at  hard  labor 
not  more  than  five  years  or  be  fined  not  more  than  one 
thousand  dollars. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court  having 
power  under  this  act  to  naturalize  aliens,  who  willfully  neg- 
lects to  render  true  accounts  of  moneys  received  by  him  for 
naturalization  proceedings  or  who  willfully  neglects  to  pay 
over  any  balance  of  such  moneys  due  to  the  United  States 
within  thirty  days  after  said  payment  shall  become  due  and 
demand  therefor  has  been  made  and  refused,  shall  be  deemed 
guilty  of  embezzlement  of  the  public  moneys,  and  shall  be 
punishable  by  imprisonment  for  not  more  than  five  years,  or 
by  a  fine  of  not  more  than  five  thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlawful  for  any  clerk  of  any 
court  or  his  authorized  deputy  or  assistant  exercising  juris- 
diction in  naturalization  proceedings  to  demand,  charge,  col- 
lect, or  receive  any  other  or  additional  fees  or  moneys  in  natur- 
alization proceedings  save  the  fees  and  moneys  herein  speci- 
fied; and  a  violation  of  any  of  the  provisions  of  this  section 
or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor 
and  shall  be  punished  by  imprisonment  for  not  more  than 
two  years,  or  by  a  fine  of  not  more  than  one  thousand  dollars, 
or  by  both  such  fine  and  imprisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  jurisdiction 
in  naturalization  proceedings,  or  any  person  acting  under 
authority  of  this  act,  who  shall  knowingly  certify  that  a  peti- 
tioner, affiant,  or  witness  named  in  an  affidavit,  petition,  or 
certificate  of  citizenship,  or  other  paper  or  writing  required 
to  be  executed  under  the  provisions  of  this  act,  personally 


190      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 

appeared  before  him  and  was  sworn  thereto,  or  acknowledged 
the  execution  thereof  or  signed  the  same,  when  in  fact  such 
petitioner,  affiant,  or  witness  did  not  personally  appear  before 
him,  or  was  not  sworn  thereto,  or  did  not  execute  the  same, 
or  did  not  acknowledge  the  execution  thereof,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  thousand  dollars,  or  by  im- 
prisonment not  to  exceed  five  years. 

Sec.  23.  That  any  person  who  knowingly  procures  natural- 
ization in  violation  of  the  provisions  of  this  act  shall  be  fined 
not  more  than  five  thousand  dollars,  or  shall  be  imprisoned 
not  more  than  five  years,  or  both,  and  upon  conviction  the 
court  in  which  such  conviction  is  had  shall  thereupon  adjudge 
and  declare  the  final  order  admitting  such  person  to  citizen- 
ship void.  Jurisdiction  is  hereby  conferred  on  the  courts  hav- 
ing jurisdiction  of  the  trial  of  such  offense  to  make  such 
adjudication.  Any  person  who  knowingly  aids,  advises,  or 
encourages  any  person  not  entitled  thereto  to  apply  for  or  to 
secure  naturalization,  or  to  file  the  preliminary  papers  declar- 
ing an  intent  to  become  a  citizen  of  the  United  States,  or  who 
in  any  naturalization  proceeding  knowingly  procures  or  gives 
false  testimony  as  to  any  material  fact,  or  who  knowingly 
makes  an  affidavit  false  as  to  any  material  fact  required  to 
be  proved  in  such  proceeding,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  five  years, 
or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried,  or  pun- 
ished for  any  crime  arising  under  the  provisions  of  this  act 
unless  the  indictment  is  found  or  the  information  is  filed 
within  five  years  next  after  the  commission  of  such  crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of  all 
crimes  and  offenses  against  the  naturalization  laws  of  the 
United  States  which  may  have  been  committed  prior  to  the 
date  when  this  act  shall  go  into  effect,  the  existing  naturaliza- 
tion laws  shall  remain  in  full  force  and  effect. 

Sec.  26.  That  sections  twenty-one  hundred  and  sixty-five, 
twenty-one  hundred  and  sixty-seven,  twenty-one  hundred  and 
sixty-eight,  twenty-one  hundred  and  seventy-three  of  the 
Revised  Statutes  of  the  United  States  of  America,  and  section 
thirty-nine  of  chapter  one  thousand  and  twelve  of  the  Stat- 
utes at  Large  of  the  United  States  of  America  for  the  year 
nineteen  hundred  and  three,  and  all  acts  or  parts  of  acts 
inconsistent  with  or  repugnant  to  the  provisions  of  this  act 
are  hereby  repealed. 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      191 

Sec.  27.     That  substantially  the  following  forms  shall  be 
used  in  the  proceedings  to  which  they  relate : 

DECLARATION   OF  INTENTION. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 
.,  SS: 


I,  ,  aged  : years,  occupation  do  declare 

on  oath  (affirm)  that  my  personal  description  is:  Color ,  com- 
plexion   ,  height  ,  weight  ,  color  of  hair  , 

color  of  eyes ,  other  visible  distinctive  marks ;  I  was 

born  in on  the  day  of ,  anno  Domini  ;  I 

now  reside  at ;  I  emigrated  to  the  United  States  of  America 

from  on  the  vessel  ;  my  last  foreign  residence  was 

It  is  my  bona  fide  intention  to  renounce  forever  all  alle- 
giance and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereignty, 

and  particularly  to ,  of  which  I  am  now  a  citizen  (subject) ; 

I  arrived  at  the  (port)  of ,  in  the  State  (Territory  or  District) 

of  on  or  about  the  day  of anno  Domini  ; 

I  am  not  an  anarchist;  I  am  not  a  polygamist  nor  a  believer  in  the  prac- 
tice of  polygamy;  and  it  is  my  intention  in  good  faith  to  become  a  citizen 
of  the  United  States  of  America  and  to  permanently  reside  therein.  So 
help  me  God. 

(Original  signature  of  declarant) 

Subscribed  and  sworn  to   (affirmed)   before  me  this day  of 

,  anno  Domini  

[L.    S.] 


(Official  character  of  Attestor.) 

PETITION    FOR   NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of  to  be  admitted  as  a  citizen 

of  the  United  States  of  America. 

To  the  Court: 

The  petition  of respectfully  shows: 

First.     My  full  name  is  

Second.  My  place  of  residence  is  number  street,  city 

of  ,  State  (Territory  or  District)  of  

Third.     My  occupation  is  

Fourth.      I  was  born  on  the day  of at 

Fifth.  I  emigrated  to  the  United  States  from  ,  on  or  about 

the  day  of  ,  anno  Domini  ,  and  arrived  at  the 

port  of  ,  in  the  United  States,  on  the  vessel 

Sixth.  I  declared  my  intention  to  become  a  citizen  of  the  United 

States  on  the day  of at ,  in  the  

Court  of  

Seventh.  I  am married.  My  wife's  name  is She 

was  born  in  and  now  resides  at I  have 

children,  and  the  name,  date,  and  place  of  birth  and  place  of  residence 
of  each  of  said  children  is  as  follows:  . 


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  organized  govern- 
ment or  a  member  of  or  affiliated  with  any  organization  or  body  of  per- 
sons teaching  disbelief  in  organized  government.  I  am  not  a  polygamist 
nor  a  believer  in  the  practice  of  polygamy.  I  am  attached  to  the  princi- 


192      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


pies  of  the  Constitution  of  the  United  States,  and  it  is  my  intention  to 
become  a  citizen  of  the  United  States  and  to  renounce  absolutely  and 
forever  all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state, 

or  sovereignty,  and  particularly  to  ,  of  which  at  this  time  I  am  a 

citizen  (or  subject),  and  it  is  my  intention  to  reside  permanently  in  the 
United  States. 

Ninth.    I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  Uinted  States  of  America 
for  a  term  of  five  years  at  least  immediately  preceding  the  date  of  this 

petition,  to-wit,  since  ,  anno  Domini  ,  and  in  the  State 

(Territory  or  District)  of  for  one  year  at  least  next  preceding 

the  date  of  this  petition,  to-wit,  since  day  of ,  anno 

Domini  

Eleventh.  I  have  not  heretofore  made  petition  for  citizenship  to  any 

court.  (I  made  petition  for  citizenship  to  the court  of  

at  ,  and  the  said  petition  was  denied  by  the  said  court  for  the 

following  reasons  and  causes,  to-wit, ,  and  the  cause  of 

such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  States  and  the  certificate 
from  the  Department  of  Commerce  and  Labor  required  by  law.  Where- 
fore your  petitioner  prays  that  he  may  be  admitted  a  citizen  of  the 
United  States  of  America. 

Dated  

(Signature  of  petitioner)  

,  SS: 

,   being  duly  sworn,   deposes  and  says  that  he  is  the 

petitioner  in  the  above-entitled  proceeding;  that  he  has  read  the  fore- 
going petition  and  knows  the  contents  thereof;  that  the  same  is  true  of 
his  own  knowledge,  except  as  to  matters  therein  stated  to  be  alleged 
upon  information  and  belief,  and  that  as  to  those  matters  he  believes 
it  to  be  true. 

Subscribed  and  sworn  to  before  me  this  day  of  ,  anno 

Domini  

O  S.] 


Clerk  of  the  ..  ..  Court. 


AFFIDAVIT   OF  WITNESSES. 

Court  of  

In   the  matter   of  the  petition   of to  be  admitted   a   citizen 

of  the  United  States  of  America. 


SS: 
occupation ,    residing   at ,    and. 


,  occupation ,  residing  at ,  each  being  severally, 

duly  and  respectively  sworn,  deposes  and  says  that  he  is  a  citizen  of  the 

United   States  of  America;   that  he  has  personally  known , 

the  petitioner  above  mentioned,  to  be  a  resident  of  the  United  States  for 
a  period  of  at  least  five  years  continuously  immediately  preceding  the 
date  of  filing  his  petition,  and  of  the  State  (Territory  or  District)  in 

which  the  above-entitled  application  is  made  for  a  period  of years 

immediately  preceding  the  date  of  filing  his  petition;  and  that  he  has 
personal  knowledge  that  the  said  petitioner  is  a  person  of  good  moral 
character,  attached  to  the  principles  of  the  Constitution  of  the  United 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      193 

States,  and  that  he  is  in  every  way  qualified,  in  his  opinion,  to  be  admitted 
as  a  citizen  of  the  United  States. 


Subscribed   and   sworn   to   before  me  this   day  of. 

nineteen  hundred  and :. 

[L.  s.] 


(Official  character  of  Attestor.) 

CERTIFICATE  OOF  NATURALIZATION. 

Number.. 

Petition,   volume ,   page.. 

Stub,  volume page 

(Signature  of  holder) 

Description    of    holder:      Age ;    height ;    color ; 

complexion ;    color    of    eyes ;    color    of    hair ;    visible 

distinguishing   marks Name,    age    and    place    of    residence    of 

wife Names,    ages    and    places    of    residence    of    minor 

children, ,  , ,  ,  


,  ss. 

Be  it  remembered,  that  at  a term  of  the court  of 

,  held  at ,  on  the day  of ,  in  the  year  of  our 

Lord  nineteen  hundred   and , ,  who,  previous  to  his    (her) 

naturalization  was  a  citizen  or  subject  of ,  at  present  residing  at 

number ,    street,    city    (town),    State    (Territory 

or  District) ,  having  applied  to  be  admitted  a  citizen  of  the  United  States 
of  America  pursuant  to  law,  and  the  court  having  found  that  the  peti- 
tioner had  resided  continuously  within  the  United  States  for  at  least  five 
years  and  in  this  State  for  one  year  immediately  preceding  the  date  of 
the  hearing  of  his  (her)  petition,  and  that  said  petitioner  intends  to 
reside  permanently  in  the  United  States,  had  in  all  respects  complied 
with  the  law  in  relation  thereto,  and  that  ....he  was  entitled  to  be  so 
admitted,  it  was  thereupon  ordered  by  the  said  court  that  ....he  be  admitted 
as  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on  the 

day  of  ,  in  the  year  of  our  Lord  nineteen  hundred  and 

,  and  of  our  independence  the 

[L.  s.] 


(Official  character  of  Attestor.) 

STUB   OF  CERTIFICATE   OF  NATURALIZATION. 

Number   of  certificate 

Name ;    age 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page 

Name,    age,    and    place    of   residence   of   wife ,    Names, 

ages,  and  places  of  residence  of  minor  children,  ,  ,  , 

>  •>  y  >  j  >  >  >  > 

Date  of  order,  volume ,  page 

(Signature   of    holder) 


Sig.  7 


194      FEDERAL  STATUTES  RELATING  TO  ELECTIONS. 


Sec.  28.  That  the  Secretary  of  Commerce  and  Labor  shall 
have  power  to  make  such  rules  and  regulations  as  may  be  nec- 
essary for  properly  carrying  into  execution  the  various  pro- 
visions of  this  act.  Certified  copies  of  all  papers,  documents, 
certificates,  and  records  required  to  be  used,  filed,  recorded,  or 
kept  under  any  and  all  of  the  provisions  of  this  act  shall  be 
admitted  in  evidence  equally  with  the  originals  in  any  and  all 
proceedings  under  this  act  and  in  all  cases  in  which  the 
oriorinals  thereof  might  be  admissible  as  evidence. 

Sec.  29.  That  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act  there  is  hereby  aDpropriated  the  sum  of 
one  hundred  thousand  dollars,  out  of  any  moneys  in  the 
Treasury  of  the  United  States  not  otherwise  appropriated, 
which  appropriation  shall  be  in  full  for  the  objects  hereby 
expressed  until  June  30,  1907:  and  the  provisions  of  Section 
3679  of  the  Revised  Statutes  of  the  United  States  shall  not  be 
applicable  in  any  way  to  this  appropriation. 

Sec.  30.  That  all  the  applicable  provisions  of  the  naturaliza- 
tion laws  of  the  United  States  shall  apply  to  and  be  held  to 
authorize  the  admission  to  citizenship  of  all  persons  not 
citizens  who  owe  permanent  allegiance  to  the  United  States, 
and  who  may  become  residents  of  any  State  or  organized 
Territory  of  the  United  States,  with  the  following  modifica- 
tions :  The  applicant  shall  not  be  required  to  renounce  alleg- 
iance to  any  foreign  sovereignty;  he  shall  make  his  declara- 
tion of  intention  to  become  a  citizen  of  the  United  States  at 
least  two  years  prior  to  his  admission ;  and  residence  within 
the  jurisdiction  of  the  United  States,  owing  such  permanent 
alleeriance,  shall  be  regarded  as  residence  within  the  United 
States  within  the  meaning  of  the  five  years'  residence  clause 
of  the  existing  law. 

Sec.  31.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  ninety  days  from  the  date  of  its  passage;  provided, 
that  Sections  1,  2,  28,  and  29  shall  go  into  effect  from  and  after 
the  passage  of  this  act. 

§   2166.      Honorably    Discharged    Soldiers    Are    Exempt    From    Certain 
Formalities. 

Any  alien,  of  the  age  of  twenty-one  years  and  upward,  who 
has  enlisted,  or  may  enlist,  in  the  armies  of  the  United  States, 
either  the  regular  or  the  volunteer  forces,  and  has  been,  or  may 
be  hereafter,  honorably  discharged,  shall  be  admitted  to  become 
a  citizen  of  the  United  States,  upon  his  petition,  without  any 
previous  declaration  of  his  intention  to  become  such;  and  he 
shall  not  be  required  to  prove  more  than  one  year's  residence 
within  the  United  States  previous  to  his  application  to  become 
such  citizen ;  and  the  court  admitting  such  alien  shall,  in  addi- 


FEDERAL  STATUTES  RELATING  TO  ELECTIONS.      195 


tion  to  such  proof  of  residence  and  good  moral  character,  as 
now  provided  by  law,  be  satisfied  by  competent  proof  of  such 
person's  having  been  honorably  discharged  from  the  service 
of  the  United  States. 

§   2169  (As  Amended,  1875).     Aliens  of  African  Nativity  and  Descent. 

The  provisions  of  this  title  shall  apply  to  aliens  being  free 
white  persons,  and  to  aliens  of  African  nativity  and  to  persons 
of  African  descent. 

§   2171.      Naturalization  to  Alien  Enemies  Prohibited. 

No  alien  who  is  a  native  citizen  or  subject,  or  a  denizen  of 
any  country,  state,  or  sovereignty  with  which  the  United 
States  are  at  war,  at  the  time  of  his  application,  shall  be  then 
admitted  to  become  a  citizen  of  the  United  States ;  but  persons 
resident  within  the  United  States,  or  the  territories  thereof, 
on  the  eighteenth  day  of  June,  1812,  who  had  before  that  day 
made  a  declaration,  according  to  law,  of  their  intention  to 
become  citizens  of  the  United  Statse,  or  who  were  on  that  day 
entitled  to  become  citizens  without  making  such  declaration, 
may  be  admitted  to  become  citizens  thereof,  notwithstanding 
they  were  alien  enemies  at  the  time  and  in  the  manner 
prescribed  by  the  laws  heretofore  passed  on  that  subject;  nor 
shall  anything  herein  contained  be  taken  or  construed  to 
interfere  with  or  prevent  the  apprehension  and  removal, 
agreeably  to  law,  of  any  alien  enemy  at  any  time  previous 
to  the  actual  naturalization  of  such  alien. 

§   2172.      Children  of  Persons  Naturalized  Under  Certain  Laws  to  Be 
Citizens. 

The  children  of  persons  who  have  been  duly  naturalized 
under  any  law  of  the  United  States,  or  who,  previous  to  the 
passing  of  any  law  on  that  subject,  by  the  Government  of  the 
United  States,  may  have  become  citizens  of  any  one  of  the 
states,  under  the  laws  thereof,  being  under  the  age  of  twenty- 
one  years  at  the  time  of  the  naturalization  of  their  parents, 
shall,  if  dwelling  in  the  United  States,  be  considered  as  citizens 
thereof;  and  the  children  of  persons  who  now  are,  or  have 
been,  citizens  of  the  United  States,  shall,  though  born  out  of 
the  limits  and  jurisdiction  of  the  United  States,  be  considered 
as  citizens  thereof ;  but  no  person  heretofore  proscribed  by  any 
state,  or  who  has  been  legally  convicted  of  having  joined  the 
army  of  Great  Britain  during  the  Revolutionary  War,  shall  be 
admitted  to  become  a  citizen  without  the  consent  of  the  legisla- 
ture of  the  state  in  which  such  person  was  proscribed. 


196  FEDERAL   STATUTES  RELATING  TO  ELECTIONS. 

§   2174.      Alien  Seamen  of  Merchant  Vessels. 

Every  seaman,  being  a  foreigner,  who  declares  his  intention 
of  becoming  a  citizen  of  the  United  States  in  any  competent 
court,  and  shall  have  served  three  years  on  board  of  a  mer- 
chant vessel  of  the  United  States  subsequent  to  the  date  of 
such  declaration,  may,  on  his  application  to  any  competent 
court,  and  the  production  of  his  certificate  of  discharge  and 
good  conduct  during  that  time,  together  with  the  certificate  of 
his  delcaration  of  intention  to  become  a  citizen,  be  admitted  a 
citizen  of  the  United  States;  and  every  seaman,  being  a 
foreigner,  shall,  after  his  declaration  of  intention  to  become  a 
citizen  of  the  United  States,  and  after  he  shall  have  served 
such  three  years,  be  deemed  a  citizen  of  the  United  States  for 
the  purpose  of  manning  and  serving  on  board  any  merchant 
vessel  of  the  United  States,  anything  to  the  contrary  in  any 
act  of  Congress  notwithstanding;  but  such  seaman  shall,  for 
all  purposes  of  protection  as  an  American  citizen,  be  deemed 
such,  after  the  filing  of  his  declaration  of  intention  to  become 
such  citizen. 

§    14.      Naturalization  of  Chinese  Prohibited. 

That  hereafter  no  state  court  or  court  of  the  United  States 
shall  admit  Chinese  to  citizenship ;  and  all  laws  in  conflict  with 
this  act  are  hereby  repealed. 

Aliens  Honorably  Discharged  From  Service  in  Navy  or  Marine  Corps. 

Any  alien  of  the  age  of  twenty-one  years  and  upward  who 
has  enlisted  or  may  enlist  in  the  United  States  Navy  or  Marine 
Corps,  and  has  served  or  may  hereafter  serve  five  consecutive 
years  in  the  United  States  navy  or  one  enlistment  in  the  United 
States  Marine  Corps,  and  has  been  or  may  hereafter  be  honor- 
ably discharged,  shall  be  admitted  to  become  a  citizen  of  the 
United  States  upon  his  petition,  without  any  previous  declara- 
tion of  his  intention  to  become  such ;  and  the  court  admitting 
such  alien  shall,  in  addition  to  proof  of  good  moral  character, 
be  satisfied  by  competent  proof  of  such  person's  service  in  and 
honorable  discharge  fro  mthe  United  States  Navy  or  Marine 
Corps. 


FEDERAL   STATUTES  RELATING  TO  ELECTIONS.  197 


AN  ACT  TO  VALIDATE  CERTAIN  CERTIFICATES  OF 
NATURALIZATION. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That 
naturalization  certificates  issued  after  the  act  approved  March 
3,  1903,  entitled  "An  act  to  regulate  the  immigration  of  aliens 
into  the  United  States,"  went  into  effect,  which  fail  to  show 
that  the  courts  issuing  said  certificates  complied  with  the 
requirements  of  Section  39  of  said  act,  but  which  were  other- 
wise lawfully  issued,  are  hereby  declared  to  be  as  valid  as 
though  said  certificates  complied  with  said  section;  provided, 
that  in  all  such  cases  applications  shall  be  made  for  new 
naturalization  with  the  provisions  of  said  act  of  1903,  they 
shall  relate  back  to  the  defective  certificates,  and  citizenship 
shall  be  deemed  to  have  been  perfected  at  the  date  of  the 
defective  certificate. 

Sec.  2.  That  all  the  records  relating  to  naturalization,  all 
declarations  of  intention  to  become  citizens  of  the  United 
States  and  all  certificates  of  naturalization  filed,  recorded,  or 
issued  prior  to  the  time  when  this  act  takes  effect  in  or  from 
the  criminal  court  of  Cook  County,  Illinois,  shall  for  all  pur- 
poses be  deemed  to  be  and  to  have  been  made,  filed,  recorded, 
or  issued  by  a  court  with  jurisdiction  to  naturalize  aliens,  but 
shall  not  be  by  this  act  further  validated  or  legalized. 


INDEX 


INDEX 


PAGE  SECTION 

ABRIDGING    RIGHT    to    vote    prohibited 6  Art.  15 

ABSENCE  of  clerk,   place,   how   filled 29  3310 

Of    judge,    place,    how    filled 29  3309 

ABSTRACT  OF  VOTE,   to  be  prepared  by  county  clerk....  96  '  3419 

To   be  transmitted   to   Secretary  of   State  96,  97            3419,  3422 

ACCEPTANCE   of   clerks  and  judges  of   election,   form  of  72  3307 

ADJOURNMENT    of    polls    30  3311 

ADVERTISING  county  resources,   tax  to  be  voted  on 175  2868 

AFFIDAVITS  in  support  of  right  to  vote,   how  returned..  Ill  3464 

ALIENS,    how    naturalized,    etc 178-194  1,  31 

See  Citizens,   Naturalization,   and  United   States  Statutes. 

AMENDMENTS    to    the   constitution,    how   made 23   Art.  17  1 

ALMSHOUSES,    inmates   do   not   gain   or   lose   residence....  8  Art.  2  4 

APPOINTMENT  pro  tempore  is  not  reckoned  where  fixed 

time   limits   holding   such   office 10  Art.  2  12 

APPORTIONMENT   for   members   of   legislative   assembly 

to  be  made  at  next  session  after  census 15  Art.  4  6 

APPOINTEES,    terms    of,    must    qualify 101           .  3437 

APPOINTMENTS,     temporary,     how    reckoned 10  Art.  2  12 

ARGUMENTS    on    initiative    and    referendum    measures....  119  3478 

For   candidates,    etc.,    see    Corrupt    Practices   Act 125-130  3487,  3495 

See    Direct    Legislation 119  3478 

ARMY  deserters  not  entitled   to  be   citizens,   when 177  1996 

ARREST,    to    what    extent   electors   are   free    from 10  Art.  2  13 

ASSEMBLY    of    electors,    what    is 41  3333 

ASSEMBLAGE    OF    PEOPLE,    rights    to 7   Art.  1  26 

ASSESSOR,    see    County    Assessor. 

ASYLUMS,   inmates  do  not  gain  or  lose  residence  when....  8  Art.  2  4 

ATTORNEY    GENERAL,    election    of 164  2667 

To    frame    ballot     title    for     initiative    and    referendum 

measures     117  3475 

AUSTRALIAN   ballot    law,    when   applicable   112,  113 

B 

BALLOTS,    Attorney    General    frames    title    for    initiative 

and    referendum    measures    117  3475 

Arrangement  and   form  of,   penalty  for  misconduct  con- 
cerning   80-86             3394, 3395 


202 


INDEX. 


PAGE  SECTION 

Assistance   in   marking   92  3411 

Colored,   how  packed  and   marked    87  3399 

Deposited,    in   what   box   87,  91  3398,  3406 

Difference  between  official  and  sample   86  3395 

Disposal  of  rejected  or  defective  40  3330 

Found   in  box  marked    "State   and  District,"   or  marked 

"State,"   how   counted   40  3332 

How  counted,  tallied,  strung,  sealed  and  kept  35-40  3325-3329 

How    furnished    87  3399 

How  prepared  by  clerk  for  voter,  numbering,  etc 90  3403 

How     printed     80  3394 

How    voted    91  3405,  3406 

In  wrong  box,   how  counted   40  3332 

Name   of   canddiate    for   United    States    Senate   may    be 

put  on   95  3419 

Not  voted,  after  voter  receives,  disposition  92  3410 

Number  to  be  furnished  each  precinct  86  3395 

Numbering  of  measures  on,  and  designation  118  3476 

Official,    form    of 80  3394 

How     printed     80  3393,  3394 

To   be   counted    40  3329 

To   contain   what   80  3394 

Only  white  to  be  counted  ». 40  3329 

Partially    defective    40  3331 

Penalty  for  interfering  with,  giving  evidence  of  manner 

of  marking,   distinguishing  marks,   etc 93  3412 

Preparation  by   voter   90  3404 

Sample  may  be  used  to  assist  92  3411 

Printing  of  and  direction  as  to  80  3393 

Rejected     40  3329,  3330 

Rotation  of  names  upon,   when 70  1,  2 

Sample     ballots     65,  80  3370,  3393 

Number    to    be    furnished    86  3395 

Secrecy  .of,  penalty  for  interfering  with  93  3414 

Spoiling  and   reissue   of   91  3407 

Rejected,    etc.,    must   be    sealed,    marked    and   addressed 

to    clerk    40  3330 

Separate  boards  in   counting,   count  complete   must   seal 
up  tally   sheets  and  other  things,   enclose  and  lock 

same  in  boxes  and  paste  seal  on,  how  38  3327 

Partially  defective,  counting  and  disposal  of  40  3331 

How  read,   counted  tallied  and   strung  35  3325 

Stubs,  how  strung  and  kept  92  3409 

Tampering   with,    penalty    94  3415 

To  be  furnished  by  county  clerk  79  3392 

To  be  sealed  up  87  3399 

Unused,    destruction    of    92  3408 

Vacancy  after  printing,  provision  for  86  3396,  3397 

White,   how  packed  and  marked   87  3399 

BALLOT  BOXES,  keys  how  kept  33  3319 

Poll-books,  ballot  stubs,  etc.,  during  election   to  be  con- 
stantly  kept   in   the   presence   of   at   least    4   election 

officers     30  3311 

How  provided,   marked  and   requirements  of   87  3398,  3399 

How  sealed  and  kept  after  count  39  3328 

Opening    of    35  3325 

Seals  not  to  be  broken,  except  38  3327 


INDEX. 


203 


To  be  kept  in  presence  of  judges  

To   be   locked  during  election   

To  be  opened  and  exhibited  before  opening  of  polls 

BIENNIAL  ELECTIONS,   time  of  holding  

BIENNIAL   GENERAL   EELCTION,    when    held 


PAGE 
30 

33 


a    bribe    at    election,    disqualifies 


SECTION 
3311 
3319 
33  3319 

10  Art.  2  14 

24  3303 

9  Art.  2  7 

160  2029,  2057 


BRIBERY,     or    offering 

whom    and    when    

BRIBING,   or  offering  a  bribe,   penalty  for  

BOARDS  OF  ELECTION,  appointment,  qualification,  time 

to  meet  at  polls  25  3305 

Second   board,   appointment  and   duties   26  3306 

Work  of  day  and  night  board  to  be  kept  separate  26,  37  3306,  3326 

See  also  Citizens,   Clerks  and  Judges  of  Election,   Chal- 
lenge   of    Voter,    Count,      Election    Judges,      Judges 
and   Clerks  of  Election,   Officers,   Oath,   Poll  Books, 
Polling    Places,     Residence,     Tally     Sheets,     Voter, 
Voting,    and    Voting    Machine. 

BRIBE,  or  offer  of  to  voter,  punishment  160  2055-2057 

Voter  receiving  or  promise  of  same  160  2056,  2057 

BRIBERY  and  threats  at,  penalty 9   Art.  2  7 

BRIBING  or  offering  to  bribe  officer  160  2029 

C 

CANDIDATE,    acceptance   of   nomination   43  3338 

Certificate    of    nomination    41,  42  3334,  3336 

At    special    election    30  3312 

Certificates  of  county  and  precinct  officers  when  filed....  44  3340 
Certificates  of  nominations,   acceptance,   etc.,   are  public 

records,     copies    therefrom     44  3342 

Death  or  withdrawal,  notice  of,  place  how  filled  45  3344-3346 

May  be  present  at  count   89  ,  3402 

May  have  agent  at  polling  place  during  count  29,  33  3310,  3320 

May  keep  private  tally  sheet  29  3310 

May   withdraw,    how    45  3343 

Names  to  be  placed  in  rotation,   when   70  I,  2 

No  person  to  be,  for  two  offices  42  3337 

Nomination    and    certificate    41,  42  3333-3336 

Pamphlets,    publishing,    etc 125-130  3487-3495 

Payments  for  space  in  pamphlet  by  126,  130  3488,  3494 

To  United  States  Senate,  name  may  be  on  ballot  95  3417 

Arguments,    space   for,    etc 128 

Vacancy  after  printing  ballot,   provision  for   86  3396,  3397 

CANVASS   OF  VOTES,   abstract  of  vote 96,97  3419,3422 

Returns  of  joint  members  of  legislature,  how  forwarded  98  3424 

To  be  sent  to  Secretary  of  State  97  3422 

When  Secretary  of  State  to  send  for  returns  98  3423 

CENSUS,  when  to  be  taken  by  State  15  Art.  4  5 

CERTIFICATE   OF  ELECTION,   after  contest  99  3429 

Who    to    make    96,97  3419,3422 

CERTIFICATE  OF  NOMINATIONS,   at  special  election....  30  3312 

By    individual    electors    41,  42  3335,  3336 

By  political  party  or  assembly  of  electors  ...  41,  42 

Generally    -  42  3336 


204 


INDEX. 


PAGE 

SECTION 

Number  of  electors  required  to  sign  

41 

3335 

To  be  filed  when,  for  special  election  

30 

3312 

With   county    clerk,    when    

44 

3340 

With  Secretary  of  State,   when  

41 

3334 

To  fill  vacancy  of  candidate,  how  filed  

45 

3346 

What   to   contain    

...      41,  42 

3334-3336 

Who  may  sign   

42 

3337 

CHALLENGE    OF    VOTER,    betting,    ground    for  

139 

3513 

Duty   to,   when   

112 

3467 

May  be  made  by  judge  or  clerk  of  election  

30 

3313 

Oath  and  examination   

31 

3314 

Oath  of  qualification  after  examination   

31 

3316 

Political  parties  and  candidates  may  have  challenger 

33 

3320 

Record  of  

31 

3317 

Refusal  of  voter  to  answer  

31 

3315 

Rules  to  determine  qualifications  of  voter  

32 

3318 

Treating,    ground    for    

138 

3511 

Person  refusing  to  answer,  vote  rejected  

31 

3314 

Person  offering  to  vote,  oath  

...112,  113 

3467,  3469 

CHALLENGER,    how   appointed    

33 

3320 

May  stand  at  guard  rail   

33 

3320 

Political  parties  and  candidates  may  have  

33 

3320 

CHIEF  EXECUTIVE,   the  Governor  is  

18   Art. 

5                  1 

CHAIRMEN,  not  entitled  to  vote  

9   Art. 

2                64 

CHIEF  JUSTICE  of  Supreme  Court,  who  shall  be  

166 

3 

CITIZENS,  who  are- 
Persons  born  in  the  United  States  

Children   born   abroad   are,    whose   fathers   were   citizens 

of  United  States  at  the  time  

Of  United   States  

Women  married  to  citizens  of  the  United  States  are  

Persons   born    in    the    territory   of    Oregon    that   were    in 

the  United  States  in  1872,  are  citizens  

Entitled  to  vote  when   

RIGHT  TO  VOTE,  not  to  be  abridged  or  denied  

CITIZENSHIP  RIGHT  shall  not  be  abridged  by  any  state 

CIRCUIT  JUDGES,  election  of  166- 

CITIES  may  procure  registration  lists  of  boundaries 

CHOICE    PREFERENCE    voting    

CITIES,   referendum  and  initiative  measures  in   122- 

CITY  OFFICERS,   election  and  term  of  ... 


CITY  LAWS  by  the  initiative  or  referendum  ... 

CLERKS  AND  JUDGES  of  election,  clerks  to  post  list  of 

Of  election,  additional  ones  appointed  

Of  election,  form  of  acceptance  

Number,   qualification,   and   appointment   

Remonstrance  against   appointment    

Accepting,   penalty  for  failing  to  attend 

Being  absent,    place   how   filled    

See  also   Citizens,   Clerks  and   Judges  of  Election 
lenge    of    Voter,     Count,      Election    Judges, 
and   Clerks   of   Election,    Officers,   Oath,    Poll 
Polling     Places,     Residence,     Tally     Sheets, 
Voting,    and    Voting    Machine. 


176 

1992 

176 

1993 

5 

Art.  14 

176 

1994 

177 

1995 

7 

Art.  2       2 

6 

Art.  15 

5 

Art.  14 

170 

2775-2796 

110 

21 

11 

Art.  2      16 

124 

3480-3484 

19 

Art.  6       7 

14 

Art.  4      la 

26 

3307 

26 

3306 

27 

3307 

25 

3305 

27 

3307 

28 

3307 

29 

3310 

Chal- 
Judges 
Books, 
Voter, 


INDEX. 


205 


PAGE  SECTION 

CLERKS   must  arrange  ballot   how   and  when 46  3348 

Penalty  for  non-observance  of  election  law  relating  to 

election Ill  3465 

To  notify   Secretary   of   State   of   referendum  and   initia- 
tive measures  of  counties  and  districts  124  3485 

CLERK  OF  CIRCUIT   COURT  of  Klamath   County,   elec- 
tion   of    173  1 

CLERK  OF  ELECTION,   absence,   how  filled   29  3310 

Acceptance  of  appointment  in  writing  26  3307 

Additional  board  of,  appointment  and  duties  26  3306 

Appointment,  qualifications,  time  of  meeting,  etc 25  3305 

Failure  to  accept  within  two  weeks  26  3307 

Compensation    of    34  3322 

Conduct  of  while  counting  votes  29  3310 

Duty  of  entering  name  of  voter,  giving  out  ballot,  etc 90     '  3403 

When  voter  is  challenged 31  3317 

While    counting    37  3326 

List  of  to  be  posted,  remonstrances,  etc 26  3307 

Misconduct    of,    penalty    98  3425 

Oath    of    29  3308 

Penalty  for  failure  to  act  after  acceptance  26  3307 

Neglect   of   duty   26  3307 

Qualifications    of    25  3305 

When  chosen  by  judges  29  3310 

Time   of   meeting   of    25,  26            3305,  3306 

To  be  chosen  by  judges,  when  29  3310 

To   challenge   voter,   when    30  3313 

Vacancy  in  office  of,  how  filled   25  3305 

When  and  by  whom  appointed  25  3305 

Sec    also    Clerks    and    Judges    of    Election,    and    Judges 
and    Clerks   of   Election. 

CLOSING     POLLS     30  3311 

COLOR,  right  to  vote  not  to  be  denied  on  account  of 6  Art.  15 

COMPENSATION   of   election   officers   34  3322 

COMMENCEMENT  of  terms  of  office  102  3439 

COMPENSATION  of  messenger  sent  for  returns  98  3423 

Of    officers    34  3322 

CONGRESSIONAL   Districts,    State  apportioned   into   174  2586 

CONGRESSMEN,    election    of,    when   held    164  2587 

Election    of    .' 5   Art.  1 

CONSTITUTION,   how   amended   23   Art.  27  1 

CONTEST,    appeal    to    99  3429 

Certificate   of   election   after    99  3429 

For  office  of  Governor,   how  determined   -----  18  Art.  5  6 

How   heard   and   determined   99            3427-3429 

Method   provided   for,    not   exclusive   100  3430 

Notice  of,  how  and  when  given  98  3426 

How     served 99  3427 

Trial,    manner   of   99  3429 

Of    election    of    county    and    district    officers    of    Mult- 

nomah    County    175  3030 

COPIES  OF  NOMINATION,   acceptance,   etc 44  3342 

CORONER,    election    of    171  2934 

Election,   term   of   office   19  Art.  6  6 


206 


INDEX. 


PAGE  SECTION 

CONVICTS,   not  entitled  to  vote  8   Art.  2  3 

CONSTABLES,    election  of    ' 174  3186 

And    deputies    in    cities    of    over    one    hundred    thousand 

population     174 

CONSULTING  FOR  COMMON   GOOD,   people  assembling 

for    7   Art.  1  26 

CORPORATIONS   restraining  or  intimidating  electors 161  2060 

CORRECTION    OF    REGISTRATION    LIST    before    each 

election,   how  made 109  15 

CORRUPT    PRACTICES   ACT    125-150  3486-3539 

Accounts,   failure  to  file,   district  attorney  to  be  notified  134  3500 

Persons  spending  money  to  keep  132  3497 

To  file  with  proper  officer  .• 132  34S7 

Political   committees   to   keep    132  3497 

Statement   of,    courts  may   compel   filing   135  3501 

Form    148  3537 

Oath   to  be  attached   134  3499 

Objections  to,   filing,   and   consideration   134  3499 

Officers  to  inspect  and  notify  of  omission  to  file  134  3499 

Preservation   and   publication    

Actions  for  offenses  under  act,   limitations  143  3524 

Pleadings    in    148  3537 

Trial  and  evidence  in   146  3536 

Advertisement,   unless  marked,   forbidden   140  3517 

Affidavit,    false,   perjury    150  3539 

Anonymous   publications,    etc.,    prohibited   141  3519 

Arguments  of  candidates,   cities  of  ten  thousand  130  3494 

Compilation    and   printing   ,  126  3489 

Pamphlet  containing,  form  and  contents  of  127  3490 

Mailing  to  voters  127  3490 

Space    for    congressman    128 

Space  for   State   officers   128  3492 

Space  for  United  States  Senators,  etc 128  3492 

Filed    when    125  3487 

Printing    of 126  3489 

Publication     -. 125  3487 

Prices     126  3488 

Secretary  of   State  to  compile  arguments  126  3489 

Arguments  of  party   committees,   filing,   compilation   and 

printing 128  3491 

Mailing  of   to  voters   .' 128  3491 

Pamphlet   containing,    compilation   and   price   128  3492 

Secretary  of  State  to  compile  and  mail 128  3491 

State  Printer,   duties  of  respecting  128  3491 

Attorney  General,  application  to  compel  filing  account....  135  3501 
Ballots,    names    of    candidates    not    filing    accounts,    not 

to  be  on   141  3520 

Banks   not   to    contribute    137  3510 

Betting  by  candidates  forbidden 139  3513 

To    influence    results    forbidden    139  3513 

Candidates,   appointments,  promises  of  forbidden  136  3504 

Arguments,   civil  and  criminal,   liability  for   127  3487 

May  file  for  publication  127  3487 

Contribution  or  subscription  by,  when  not  permitted....        "137  3509 

Corrupt  practice  to  deprive  of  office  143  3523 

Defined    .  ....130,  139  3495,  3519 


INDEX. 


207 


PAGE 


SECTION 


Candidates   in   cities   of   ten   thousand   or   more   to  make 

statement   of   expenditures  when   130  3494 

Candidates  expenditures,   limit  of   125,  129  3486,  3493 

Candidates,   procuring  persons   to  become,   penalty   for....  142  3521 

Candidates  required  to  make  statements  of  expenses  ....  131  3496 

Expenditures    limited    125  3486 

Failing  to  file  accounts,  names  not  to  be  on  ballots....  141  3520 

Form  of  petition   contestant   148  3537 

Form  of  statement  by  candidate  of  expenses 149  3538 

Force   and    coercion    prohibited    138  3512 

Mercenary   or   venal,    penalty    142  3521 

Not  in   good   faith,   penalty   142  3521 

Offenses,  when  not  to  vacate  office  142  3522 

Offenses  and   penalties,    how   enforced   142-150  3522-3529 

Officers  failing  to  make  statements,  how  enforced  134,  135  3499,  3500 

Portraits  of  candidates,   printing  of  12.8  3492 

Paying  wages  to  electors  for  loss  of  time  .». 140  3516 

Political  committee's  treasurer  must  file  account  of  con- 
tributions  and    expenditures   132  3497 

Party  committees  to  file  statements  128  3491 

Pamphlets    concerning    126-128  3489-3492 

See    Presidential    Eletcors    127,  128  3490,  3492 

Pay  or  reward  for  being  or  not  being,  forbidden  136  3508 

Penalty  for  failure  to  file  statement   131  3496 

Pledges  or  promises  by,   forbidden   136  3504 

Portrait  cuts  may  be  printed  with  arguments 126  3489 

Procuring  or  inducing  person  to  become,  unlawful  ....  142  3521 

Soliciting  contributions  or   subscriptions  of,   forbidden  137  3509 

Statement    of   expenditures    131  3496 

Statements  of  expenditures  preserved  and  published....  135  3502 

Terms  defined  in  corrupt  practices  act  130  3495 

United    States    Senator,    pledge    to    vote    for    people's 

choice,    permitted   136  3504 

Vacancies  from  failure  to  file  accounts,  how  filled  141  3520 

Circuit  court,  may  compel  filing  of  expense  account 135  3501 

Jurisdiction  of,  proceedings  under  144  3525 

Cities  of  ten   thousand,   arguments  of  candidates  130  3494 

Coercion   of   voters   forbidden   138  3512 

Complaint  in  actions,   form  of   148  3537 

Construction    of   law    130  3495 

Contest,   form   of   petition   in 148  3537 

Grounds    of    .   145  3529 

Illegal   votes,    procedure   '     145  3531 

When  not  ground  for  145  3530 

Limitation  of  time  of  beginning  143  3524 

Procedure    in    146             3532, 3533 

Who   deemed   chosen        145  3528 

Contributions   by   non-elective   officers,    forbid..den   136  3505 

By  whom  forbidden  137  3510 

Candidates,   etc.,   forbidden  to  make,   exceptions  137  3509 

Soliciting  from  candidates,   etc.,   forbidden   , 137  3509 

Convention  credentials  not  to  be  sold  136  3507 

Copies  of  act,  secretary  to  transmit  to  persons  interested  133  3498 

Conviction  of,  to  deprive  offender  of  office  143  3523 

Corporation,  certain  not  to  contribute  137  3510 

Forfeiture  of  franchise  for  violation  of  act  147  3534 

Proceeding  against  for  violation  of  act  147  3534 


208 


INDEX. 


PAGE  SECTIOX 

Credentials,   convention,   not  to  be  sold  136  3507 

Defined,  and  when  deemed  prevalent   139  3515 

Delegates,  non-elective  officers  not  to  be  136  3506 

Deprivation  of  office,   bar  to  what  and  how  long  144  3526 

District  attorney,  application  to  compel  filing  account  ....  135  3501 

Duty  to  prosecute,   penalty  for  refusal   144  3527 

To  be  notified  of  failure  to  file  statement  131  3496 

Electioneering,   on   election   day  prohibited    140  3518 

Eminent    domain,    corporations    having   right    to,    not    to 

contribute     137  3510 

Evidence  in  actions  under  act  147  3536 

Exceptions  when  candidate  shall  not  forfeit  nomination 

or    office    142  3522 

Expenditures,  by  relatives  counted  as  by  candidates  143  3524 

By  parties  and  nominees,   limited 129  3493 

Of   candidates,    limited    125  3486 

Statement  of,  form  and  .contents  131  3496 

Itemized  and  sworn  to  131  3496 

Where   filed    . 131  3496 

Expenses,    statement   of    149  3538 

False  oath,  perjury  150  3539 

fraudulent  contrivance  agaisnt  voter  forbidden  138  3512 

Jurisdiction  of  proceedings  in  circuit  court  144  3525 

Law,   how   construed   130  3495 

Libelous  publications  forbidden,   defenses  to  same  141  3519 

Limitation  of  action  for  offenses  under  143  3524 

Newspapers,  paid  matter  forbidden  unless  marked  140  3517 

Payments  for   support,   prohibited  140  3517 

Nominees,    expenditures   by,    limited    129  3493 

Oath  as  to  correctness  of  account  134  3499 

False,    perjury    150  3539 

Offenses  under  act,  when  not  to  vacate  office  142  3522 

Office,   deprivation  of,  bar  to  any,  how  long  144  3526 

When  offenses  under,  not  to  vacate, 142  3522 

Officers,   corrupt  practice  to  deprive  of  office  143  3523 

Not  elective,   contributions  by  forbidden   136  3505 

Not   to   be   delegates   136  3506 

Soliciting  contributions  or   subscriptions,   forbidden   ....  137  3509 

Parties,  expenditures  by,   limited 129  3493 

Party    committees    and    independent   candidates,    to   pay 

for   space   in   pamphlet   128     .  3492 

Payments,  for  certain  services,  forbidden  140  3516 

For  loss  of  time  voting,  etc.,  forbidden  140  3516 

In  false  name,  riot  to  be  made  135  3503 

Name  of  actual  payer  to  be  given   135  3503 

Not  to  be  made  in  false  name  135  3503 

Perjury,   false  oath  is  150  3539 

Personation,   defined  and  prohibited   139  3514 

Person    defined    130  3495 

Persons  spending  money  for  elections,   to   keep  accounts  132  3497 

Pleadings   in   actions   147  3537 

Political   agent   defined    130  3495 

Political  badges  forbidden  at  polls  140  3516 

Political  committee,  accounts  open  to  inspection  132  3497 

Defined    130  3495 

Treasurer,   to   be  voter   132  3497 

To    keep    accounts    132  3497 

Political   parties,   expenditures  by,    limited   ..  129  3493 


INDEX. 


209 


PAGE  SECTION 

Polls,   political   badges  forbidden   at   140  3516 

Presidential  elections,   committees,  space  in  pamphlet  ....  127  3490 

President,    space    in    pamphlet 128  3492 

Proceedings,    circuit    court    jurisdiction 144  3525 

Public    service    corporations   not    to    contribute 137  3510 

Publications,    anonymous    and    libelous,    forbidden 141  3519 

Prices   of   arguments 126  3488 

Service  on  party  attacked,   effect  as  defense 141  3519 

Publishing   paid    matter    not    marked v 140  3517 

Punishment,    for    violations    of    act 147  3535 

Religious    influence    upon    voters,    forbidden 138  3512 

Restraint    placed    upon    voters,    forbidden 138                  *     3512 

Secretary   of    State,    to   mail   arguments   of   voters 127  3490 

To   send   copies  of  act   to   persons  interested 133  3498 

To  notify  district  attorney  of  failure  to  file  account..-  134  3500 

State    Printer,    duties    of    under 126,128       ,     3489,3491 

Statement    of    accounts 135,  149  3501,  3538 

Statement   of    expenses 149  3538 

Subscriptions,    advertisements,    etc.,    soliciting  from    can- 
didates forbidden   137  3509 

Candidates   not    to    make,    exceptions 137  3509 

Threats    against    voters,    forbidden 138  3512 

Treating   is   corrupt   practice,    defined   and   prohibited 138  3511 

Trial   in   action   under   act 147  3536 

Undue   influence   upon   voters,    forbidden 138  3512 

Violations  of  act,  punished 147  3535 

Voters,    soliciting,    etc.,    on    election   day,   prohibited 140  3518 

Warning  of  danger  from  failing  to  file  accounts 141  3520 

Wages,    paying  electors,    etc.,   prohibited 140  3516 

COUNT,   Ballots  in  wrong  box 40  3332 

Candidates  may  keep  private  tally  during 29  3310 

Duty   of   clerks   during 37  3326 

Extra    pens   and   pencils    removed    during 29  3310 

How    conducted    ! 35  3325 

Only    white    ballots    counted 40  3329 

Partially    defective    ballots 40  3331 

Rejected    ballots    40            3329,  3330 

Sample    ballots    not    counted 80  3393 

To  be  audibly  announced  by  clerk  as  made 37  3326 

To   be   continued    without    adjournment 30  3311 

To   be  made   immediately   on   close   of   polls 34,  35  3324,  3325 

Who   may   be   present   at 89  3402 

Witnesses   to    33  3320 

When   begun    must    continue    till    completed 30  3311 

COUNTIES    or    other    districts,    initiative   and    referendum 

measures    for 14,  124      la,  3484,  3485 

Creation    and    organization    of    new,    see    New    Counties. 

COUNTY    ASSESSOR,    election    of 171  2943 

COUNTY   CLERK,    abstract  of  votes   to   transmit   to   Sec- 
retary   of    State 97 

Ballots,    to   arrange   names   on 46 

To   cancel   name   upon    white,    when 86 

To  furnish   

Ballot   boxes,    to   provide 

Blank    seals   furnished    by 

Canvass  of   returns  by 96 


210 


INDEX. 


Certificate  of  nomination  to  be  filed  with,  when 

Duties  of  in  registering  voters 

Election    of 

Election   and   term   of   office 

Of  Multnomah  County,   election  of 

Election    supplies,    receipt   for,    prepared   by 

Judges  and  clerks  of  election,   to  notify 

To   post   list   of 

Notice   of   election,   to  prepare 

Supplies  to  sheriff,  to  deliver 

Withdrawal   of  candidate,    to   prepare  cards   of   instruc- 
tion,   in    case    of 

Withdrawal  of  nomination,   to  give  notice  of 

To  be  filed  with.... 


COUNTY  COMMISSIONERS,   election   of 

Of   Multnomah,    election   of 

COUNTY  COURT,  election  expenses,  paid  by 

Election   precincts   established   by 

May  appoint  additional  judges  and   clerks,   when 

Vacancies  in  judges  and  clerks  filled  by 

Polling  places  designated   by 

COUNTY    JUDGES,    election    of 

COUNTY    OFFICERS,    election    of 

COUNTY  LAWS  by  the  initiative  or  referendum 

COUNTY   SCHOOL   SUPERINTENDENT,    election   of 

COUNTY    SURVEYOR,    election   of 

COUNTY    TREASURER,    election    of 

COUNTY    SEAT,    removal   of 

CUMULATIVE   voting   

CUSTODY  of   tally   sheets,   ballots,   polling  books,   etc 

D 

DAY   OF   HOLDING   ELECTIONS,    legal   holiday 

DIRECT  LEGISLATION,  arguments,  printing  and  dis- 
tribution of 

Ballot  title,  Attorney  General  to  frame 

Appeal    from    action    of 

Form  and  number  of  words  in 

Ballot,  designation  and  numbering  measures  on 

Canvass  of  votes 

Cities,  amendments  to  charter,  how  proposed  and  passed 

And    towns,    procedure    in 

Council,  powers  of  on  initiative  may  ordain  measure 
or  competing  measure 

Mayor,  may  not  veto  initiative  measure 

County  clerks,  ballot  titles  to  print  as  given 

To  notify  Secretary  of  State  of  filing  petition 

Forms,  not  mandatory : 

Governor  to  proclaim  result 

Initiative  measures,  cities  and  towns,  procedure  on  filing 
petition  

How   designated    

Petition    for     . 


PAGE 
44 

.103-110 
171 

19   Art.  6 
173 
88 
26 
26 


86 
45 
45 

171 
172 

34 
25 


2 1 

19 

14 

170 

171 

19,  171 

175 

11 

39 

176 

119 
117 
117 
118 
118 
121 
123 
122, 123 

123 
123 
118 
124 
116 
121 

123 
118 
114 


Art.  7 
Art.  6 
Art.  4 


SECTION 

3340 
1-21 
2934 
6 

3020 
3400 
3307 
3307 
3307 
3399 

3396 
3344 
3343 

2943 
1 

3322 
3304 
3306 
3305 
3305 

11 

6-7 
la 

3960 
2943 
6,  2943 
2877-2885 
Art.  2      16 
3328 


6026 

3478 
3475 
3475 
3476 
3476 
3479 
3482 
3480-3482 

3482 
3482 
3476 
3485 
3473 
3479 

3482 
3476 
3471 


Art.  6 


INDEX. 


211 


PAGE  SECTION 

Legislature,    measures   referred   by,    how   designated 118  3476 

Local    option    law,    excepted 115  3472 

Majority    required    119  3477 

Measures,    designation   and   numbering 118  3476 

Printing    and    distribution    of 119  3478 

Votes   necessary    to    pass 119  3477 

Pamphlets  of   measures,   etc.,   mailing  to   voters 119  3478 

Petitions,   circuit  court,   jurisdiction  as  to  filing,   etc 117  3474 

Forms    not    mandatory 116  3473 

Form    for    referendum 114  3470 

Injunction  to  prohibit  filing 117  3474 

Mandamus   to   compel   filing 117  3474 

Preparation,    filing   and   procedure 115  3472 

Signatures     115,  116  3472,  3473 

Signers,    qualifications    124  3483 

Printing  and  distribution  of  measures  and  arguments....  119    '  3478 

Proclamation  of  result  by  Governor 121  3479 

Qualifications  of   signers  of  petitions 124  3483 

Referendum     measures,     cities     and     towns,     signatures 

required     122  3481 

County    or    district,    law    affecting 124  3484 

How   designated    118  3476 

Legislation,     city,     emergency    clause,     when     to    take 

effect    122  3481 

Local  laws 124  3484 

Petition   for 114  3470 

Return    of    votes 121  3479 

Stock    laws,     excepted 115  3472 

Voters,    mailing   measures,    etc 119  3478 

Votes,    counting,    canvass   and   returns .121  3479 

Voting,    manner    of 119  3477 

DIRECT    PRIMARY    NOMINATING    ELECTIONS,    ballot 

boxes   and    supplies,   laws   applicable 71  3374 

Alternating  names  on  printed  ballot  for  same  office .70  1,  2 

Ballots,   arranged   and  sent  to   county  clerks 64  3368 

Color,  typography,   etc 65  3370 

Contents 65  3371 

County   clerk   to   post 64  3369 

Official   and   sample   to   be   furnished 71  3372 

Posted    conspicuously    64                  .     3369 

Sample    printed     64  3369 

Ballot,    time    of    arrangement    by    Secretary    and    trans- 
mission   to   clerks    64  3369 

Secretary  to  post  up   duplicate  of 64  3368 

Time  of  preparing  and  posting  ballots  by  clerks 64  3369 

Municipal    elections,    time    of    preparing    and    posting 

by    officer    .- 64  3369 

And   sample   ballots,    form   of,   quality  and   number 65-71            3370-3373 

To  be  printed  by  county  clerks 79  3392 

And   sample   ballots,   arrangement   and   form   of 80-86            3393-3396 

When    chairman    may   prepare    for    elector 

Boxes    and    election    supplies 87,88             3398-3401 

Spoiled,     re-issuing 91  3407 

Unused   to   be   destroyed   by  judges 92  3408 

How    prepared    for    voter 90 

Candidates,    death    or    withdrawal 64  3367 

Independent,    not   to   use   party   name 57 

Names    to    be    printed  ...  f>7  3359 


212 


INDEX. 


PAGE  SECTION 

Non-partisan,    not   to   use   party   name 57  3359 

Petition,    who    may    sign 62  3363 

Notified    by    mail    when    nominated 73  3377 

Petitions    filed,    when 62  3364 

Filing,    form   and   contents 58,59            3360,3361 

Signers,    number    of 61  3362 

Qualifications     62  3363 

Verifications     59  3361 

Principles,     statement     of 59  3361 

Register    to    be    kept 63  3365 

Wrongful    acts   by,    punished 79  3390 

For   President  and  Vice-President,   how  voter  expres- 
sing   choice    '. 49  3350 

For    President    and    Vice-President,    how    printed    on 

ballot     49  3350 

Canvass  of  vote  by  county  clerk,   etc 73  3377 

And  abstract  of  votes 73  3377 

By   Secretary  of   State,   and   certificate 74,97             3378,3422 

Challenge    to    voters,    party    oath 51  3353 

Cities   and    towns,    procedure    in 52  3354 

Having  2,000  or  more  population,  elections  subject  to  48  3350 
Committeemen      for     election      precincts,      election     and 

powers    of    78  3389 

Contest 75,  76            3382-3385 

Procedure      76  3385 

Provisions    of    law    applicable 76  3383 

Count,     authentication    of . 56  3358 

How   made   52-57            3354-3358 

County    clerk,    notices,    to    mail    officers 51  3352 

Courts  may   correct  errors   or   wrongful   acts 74  3379 

Death    of    candidate,    procedure 64  3367 

Delegates  and   expenses  to   Presidential   conventions 49-50  3350 

Deaths    or    withdrawals     after     printing     ballot,      duty 

of    clerk 86            3396,  3397 

Deaths    and    withdrawals 64  -3367 

Delayed  returns,  Secretary  to  send  messenger  for,  when  75  3380 

Messenger  to  be  sent  for 98  3423 

Documents,    to    be    preserved 63  3366 

Election    boards,    same   as   general    elections 50  3351 

Law,    provisions   applicable    71  3373 

Officers,    laws   applicable    71  3373 

Election  records  to  be  kept  for  two  years 63  3366 

Electors  qualified   to   sign   nominating  petitions 62  3363 

Elector   to   vote   for   but   one   candidate   for   delegate   to 

national   convention    49  3350 

Errors  in  count  or  wrongful  acts,   manner  of  correction  74  3379 

Independent  candidate  not  to  use  party  name 57  3359 

Interfering    with    voter,    ballot,    or    tampering    with    or 

mutilating    ballots    or    reocrds 93-95             3412-3417 

"Independent"    or    "Non-Partisan,"   words   not  permitted 

to  be  joined  with  name  of  any  political  party....  57  3359 
Joint    county    votes    for    officers,    return    must    be    made 

to    Secretary    of    State 98  3424 

Judges  and   clerks,    same  as  general   election 50  3351 

Laws   relating   to   general    election,    what   applicable 51,  72            3353,  3375 

Mandamus    granted,    when 74  3379 

Municipal    corporations,    procedure    in 52  3354 

Non-partisan   candidate  not  to  use  party  name 57  3359 


INDEX. 


213 


PAGE  SECTION 

Notice  of  contest   75  3382 

How    served    and    hearing 76  3383 

Of    election,    form    of 51  3352 

Notices,    officers   to    post 51  3352 

Of    election,    form    of 51  3352 

Number   of    national    delegates   elected 50  3350 

National  committeemen,  nomination  and  election  of 58  1,  2 

Nominating     petition     for     delegates     to     national     con- 
ventions       49  3350 

When  and  where  to  be  filed 62  3364 

Number  of  electors  required  on  a  nominating  petition....  61  3362 

Primary,   a   separate  election   for   each  party 54  3356 

Polling   places,    preparation    of   by    sheriff 88,  89  3401,  3402 

Petitions    for    nomination 58-62  3360-3365 

Party,   deemed   separate  for  each 54  3356 

Defined    57        -  3359 

Statement    of    on    registration 77  3386 

Voter   must    swear    to,    when 51  3353 

Columns    in    poll    books 51  3353 

Committees,    election   and   duty   of 78  3389 

Designations    protected     57  3359 

Petitions    of     candidates 58,59  3360,3361 

Filed    when    62  3364 

Signers,    number   of    61  3362 

Qualifications 62  3363 

Verifications     61  3361 

Of  independent  candidates,  who  may  sign  62  3363 

Of  non-partisan  candidates,  who  may  sign  62  3363 

Political   party   defined   57  3359 

Poll  book,   columns  for  partition   51  3353 

Polling   places,    laws   applicable   71  3373 

Precincts,  same  as  general  elections  50  3351 

Party   columns   in   poll   books   51  3353 

Committees,   election  and  duty  of  78  3389 

Presidential   elections,    delegates   to   national   convention, 

election    of    48  3350 

Delegates  to  national  convention,  expenses  of  48  3350 

Delegates  for  parties  not  subject  to  48  3350 

Primary  law,   how  certified  48  3350 

President  and  vice-President,   how  nominated   48  3350 

President  and  vice-President,   space  in  pamphlet  128  3492 

Electors,    election   of   48  3350 

Primaries   for,    when   held    48  3350 

Registration,  when   held  48  3350 

Provisions  of  election  law  applicable  72,  78,  79  3375,  3387 

3388,  3391 

Registration    of    electors    77  3386 

Register   of   candidates   63  3365 

To   be   public   record    63  3366 

Registration,   statement  of  party  on  77  3386 

Returns  delayed,  messenger  to  send  for  75  3380 

Returns,   telegraph,  may  be  sent  by  75 

Rules  of   construction   47  3349 

Secretary  of   State   in  presence   of   Governor  and  Treas- 
urer to  canvass  vote 74  3378 

Stubs,  preservation  of 92  3409 

Senators,   vote   for    ..  72,  95  3417,  3418 

3376 


214 


INDEX. 


PAGE  SECTION' 

Statements  Nos.  1  and  2  •. 59,  60  3361 

Senator,  candidates  to  be  voted  for  72  3376 

Pledg-es  concerning  .V.»  3361 

Statement  No.  1  59  3361 

Style  and  arrangement  of  ballot  65  3371 

Tally  sheets,  form 54  3357 

How  kept  and  used 54  3357 

Tally  sheets,  form  and  manner  of  keeping  54  3357 

Tie,  casting  lots  in  case  of  97  3421 

Tie,  procedure  in  case  of  73  3377 

U.  S.  senator,  pledges  concerning  59  3361 

Vacancies  and  cancellations,  laws  applicable  71  3373 

How  filled 64  3367 

Violations  of  law  punished  75  3381 

Voters,  challenge,  party  oath  5]  3353 

Not  qualified  unless  party  registered   77  33  86 

Registering,  to  state  party  77  3386 

Votes,  certified  after  canvass  : 73  3377 

Voting,  mode  of  71  3374 

When  held  and  for  what  48  3350 

Withdrawal  of  candidate,  procedure  64  3367 

Voter,  voting  for  State  and  District  officers  91  3406 

Voting,  counting  and  return  of  88,98  3402-3425 

Voting,  method  of  71  3:574 

When  to  be  held  47  i 

Wrongful  acts  of  officers,  penalty  for 7."  3381 

DEATH  OR  WITHDRAWAL  of  candidate,  notice  of 45  3344 

DEBATE,  members  of  legislative  assembly  not  to  be  ques- 
tioned for  words  uttered  in  certain  cases  16   Art.  4  9 

Declaration    of    intention    to    become    citizen,    how    and 

where    made    180  4 

Declaration  of  intention,  form  of 191  i'7 

DEFAULTER  OF  PUBLIC   MONEY  not  eligible   to  offic^ 

until  he  accounts  10  Art.  2  11 

Disqualifying  office  holder,  what  9  Art.  2  7 

Disqualified  persons  offering  to  register,  duty  of  clerk 

to  challenge  > 112  3467 

District  attorneys,  election  of 170  2817 

Districts,  parts  of  may  procure  registration  lists  of 

boundaries    110  21 

DUELING,   giving  or  accepting  or  carrying  a  challenge  to 

fight  duel  makes  person  ineligible  to  any  office  it    Art.  2  9 

Disorderly  conduct  at  polls,   punishment  163  2067 

Distinguishing  marks,  penalty  for  placing  on  ballot  93  3412.  3414 

District   attorneys,    election   of    21,  170   Art.  7    17,  2817 

Duel,  engaged  in  disqualifies  for  holding  office  9   Art.  2  9 

ELECTION  LAWS,  to  be  compiled  by  Secretary  of  State..  4  :-!4i:5 

To  be  furnished  by  county  clerk  87  3399 

Supplies  to  consist  of  what  and  how  furnished  87,  88  3399,  3400 

Elections,    free 7   Art.  2  1 

Electors,  assembly  of,  what  is  and  nomination  by  41.  42  3333-3336 

Percentage   required   to   nominate   41  3335 

ELECTION  CONTESTS,  notice  of,  trial  and  appeal  98-99  3426-3431 

ELECTION,   GENERAL  BIENNIAL,   when  held  ..  24  3303 


INDEX. 


215 


PAGE  SECTION 

ELECTION  JUDGES  AND   CLERKS,   appointment,   num- 
ber   and    qualification 25  3305 

See  also  Citizens,  Clerks  and  Judges  of  Election,  Chal- 
lenge of  Voter,  Count,  Election  Judges,  Judges 
and  Clerks  of  Election,  Officers,  Oath,  Poll  Books, 
Polling  Places,  Residence,  Tally  Sheets,  Voter, 
Voting,  and  Voting  Machine. 

ELECTION,  judges  of  empowered  to  preserve  order  at 33  3321 

ELECTION  NOTICE,  form  of  28  3307 

ELECTION    OFFICERS,     negligence     or     corruption     of, 

penalty    » 163  2066 

ELECTIONS,   certain   laws  to   be   enacted   respecting 9  Art.  2  8 

ELECTIONS    OF    LEGISLATORS,    each    house    is    judge 

of   the   election   of 16  Art.  4  11 

ELECTIONS,    time   of    holding 10  Art.  2  14 

Special  or  local   laws  relating  to   prohibited 17  Art.  4   Sub.  13  23 

Shall  be  free  and  equal 7  Art.  2  1 

ELECTOR  changing  his  residence,  manner  of  registering..          108  13 

ELECTOR  FAILING  TO  REGISTER,  manner  of  voting. ...          105  6 

ELECTOR,   not   registered    is   challenged 110  20 

Registering  where  time  of  residence  not  complete 106  7 

ELECTORS   at   county    seat   must   register   before   county 

clerk  112  3466 

Convicts,  insane  and  idiotic  persons  are  not  entitled 

to  vote  8  Art.  2  3 

Freedom  from  arrest,  to  what  extent 10  Art.  2  13 

May  register  at  what  times 105  5 

May  register  in  precincts  before  registrars 107  9 

Must  all  register  prior  to  the  election  of  1914  but  not 

again  thereafter 108  12 

Residing  at  county  seat  must  register  with  clerk 106  8 

Who  are  qualified  as 7  Art.  2  2 

ELECTORS  FOR  PRESIDENT  AND  VICE-PRESIDENT          .     5   Art.  2 
ELECTORAL   COLLEGE,    time   of   holding,    etc 102  3444 

ELECTION  PRECINCTS,  county  court  to  establish,  name 
or  number,  so  that  none  will  contain  more 
than  300  electors  25  3304 

ELECTION    LAWS,    PREPARATION    OF— 

Compiled    by    Secretary    of    State 2  3413 

Secretary    to    compile    an    edition    relating    to    duties    of 

election   boards   2  3413 

Secretary    to    furnish,  poll    books,    tally    sheets,    receipts, 

needles,      indelible     copying     pencils     to     county 

clerks    for    elections 2  3413 

EMPLOYEES   OF  UNITED   STATES  do  not  lose  or  gain 

residence   on   account   of  being  away  on  account 

of      8  Art.  2  4 

ENACTING    CLAUSE,    what    to    contain 13   Art.  4  1 

EQUAL  PROTECTION  OF  THE  LAWS  not  to  be  denied  6  Art.  14 

EXCLUSIVE     PRIVILEGES     OR     IMMUNITIES     not     to 

be   granted   1 7  Art.  1  20 


216 


INDEX. 


PAGE  SE^IIOX 

EXPRESSION    OF    CHOICE    voting    11  Art.  2               16 

EXPENSES  OF  ELECTION  SUPPLIES,  certain  ones  are 

to   be   paid   out   of    State   Treasury 2  3413 

EXPENSES    OF    ELECTION,    how    paid.. 34  3322 

F 

FORMS   of   notice   of   election 26  3307 

Of   oaths  of  judges  and   clerks 2H  3308 

Of   voter 31  3314 

Of    poll    book 24  3324 

O!    seal    .". 35  3325 

Of    tally    sheets 37  3326 

FREE  AND  EQUAL,  elections  shall  be 7  Art.  2                 1 

FREEDOM    OF   7  Art.  2                  1 

FREE  SUFFRAGE,  laws  to  be  enacted  to  support 9  Art.  2 

FREEDOM  FROM  ARREST,   to  what  extent  electors  art- 
entitled    10  Art.  2               13 

G 

GENERAL   ELECTION,    time   of   holding 10  Art.  2               14 

GOVERNOR,  qualification,   term  of  office,  duties,  etc 18-19  Art.  5 

To  proclaim  vote  on  initiative  and  referendum  measures  121  3479 

When    term    begins 102  1 

To  grant  certificates  to  Congressmen  and  U.  S.   Senators 

duly    elected : 164  2609 

Enforcement    of    the    laws    by 154-156  1-8 

Court  inquiry  whether  laws  are  not  enforced 155  2-5 

Appointment   of    special    officers 154  1 

Special  officers,  mode  of  qualifying  and  salary  of 156  6,  8 

Regular  officers  draw  salary  during  time  special  officers 

are   appointed    155  7 

Contested    election,    how    determined 18  Art.  5                 « 

Qualifications,    term   of   office 18  Art.  5             1-3 

Returns   of   election   for,   term   of 18  Art.  5                 4 

Tie     vote     for 18  Art.  5                  5 

To    call    special    election     to     fill     vacancy     caused     by 

resignation     100,  101,  6   Art  17   3431.  3438 

GUARD   RAIL,    challenger   may   stand   at 33  3320 

To   be   placed   by    sheriff 89  3402 

H 

HOLIDAYS,    elections    are 176  6026 

I 

IDIOT   not   entitled   to  vote 8  Art.  2                 3 

ILLEGAL  voting,   penalty   for 161  2058 

ILLEGALLY   offering   to   vote,    penalty   for 161  2058 

ILLEGALLY    INFLUENCING    VOTERS,      or      tampering 

with    ballots,    penalty 113  3468 

IMMUNITIES,    exclusive,    not   to   be   granted 7  Art.  1               20 

INELIGIBILITY    to    office,     when  ...  10  Art.  2               11 


INDEX.  217 


PAGE  SECTION 

INITIATIVE    AND    REFERENDUM 13   Art.  4          1,  la 

Petitions,   mandamus  117  3474 

In   cities   and   towns 122-124  3480-3484 

Measures,   arguments   on 119  3478 

Ballot   title   and    numbering   of 117-119  3475-3477 

Canvassing   vote,    return    and   proclamation 121  3479 

In    counties   and    other    districts 14,  124  la,  3484 

Manner   of   voting 119  3477 

Petitions,   forms   of 114-117  3471-3474 

Petitioners,    who    qualified 124  3483 

INITIATIVE  on  local,   special,   county  and  city  laws.. 14  Art.  4  la 

INSANE   PERSON,   not   entitled   to  vote 8  Art.  2  3 

INTOXICATING    LIQUOR,    penalty    for    disposing    of    on 

election    day    164  2130 

J 

JOINT    SENATORS    AND    REPRESENTATIVES,    returns 

to    be    sent    to    Secretary     of     State     by     county 

clerks,  Secretary  of  State  to  canvass  returns 97  3422 

JUDGES   of  circuit   courts,    election   of,    etc 166-1702744,2775-2796 

JUDGES    AND    CLERKS    OF    ELECTION,    absence,    how 

filled     29  3309 

Acceptance  to  be  in  writing  and  penalty  for  not  serving  26  3307 

Additional  board,   appointment  and  duties  of 26  3306 

Appointment 25  3305 

Failure    to    accept 26  3307 

Arrangement    of    seats    during    election 89  3402 

Compensation    of    34  3322 

Conduct    of    during   elections 30  3311 

While    counting    votes 29  3310 

During  count,  shall  not  have  pen  or  pencil 29  3310 

Duties    of    149  3462 

As  to  poll  books,   tally   sheets,   ballots,   etc 38,  39,  111   3327,3328,3464 

As  to  rejected  or  defective  ballots 40,  111  3330,  3464 

Form  of  notice  of  appointment  and  acceptance 27  3307 

Have  authority  of  justice  of  the  peace 33  3321 

List   to   be   posted,    remonstrances,    etc 26  3307 

May    appoint    special    officers 33  3321 

May  impose  fine  or  commit  to  jail 33  3321 

May   punish   offenders   at- polls 33  3321 

Method    of    counting   votes    by 37  3326 

Oath    of    29  3308 

Objections   to   appointment   of,   how   made 27  3307 

Number,   appointment   and   qualification 25  3305 

Penalties  for  non-observance  of  law  relating  to.... Ill  3465 

Register  of  voters  must  be  examined  for  each  voter 110  19 

Penalty  for  failure  to  act  after  acceptance 27  3307 

For    neglect    of    duty 27  3307 

Qualifications    of    25  3305 

Time    for   meetings   of 25  3305 

To    challenge    voter,    when 30  3313 

To  open  and  exhibit  ballot  box  before  opening  polls 33  3319 

Vacancy  in  office,  how  filled 3305 

When  and  by  whom  appointed 3305 

See  also  Citizens,  Clerks  and  Judges  of  Election,  Chal- 
lenge of  Voter,  Count,  Election  Judges,  Judges 
and  Clerks  of  Election,  Officers,  Oath,  Poll  Books, 
Polling  Places,  Residence,  Tally  Sheets,  Voter, 
Voting,  and  Voting  Machine. 


218 


INDEX. 


PAGE  SECTION 

JUDGES   OF    SUPREME   COURT,    election    of,    etc 20,  164-166   Art.  7 

1,  2744-2748,  1-3 
21   Art.  7  11 


JUDGES   OF   COUNTY   COURT,    election   of 
JUDICIAL    SYSTEM    unchanged    except... 


JUSTICES   OF  THE   PEACE,   election   of 

Judges  of  election  have  authority  of 

To   assist   county   clerk   in   canvass   of  votes 

K 

KEYS    TO    BALLOT    BOX,    who    to    keep  .... 


20   Art. 

174 
33 
96 


3185,  3191 
3321 
3419 


33 


LAWS  governing  elections,   legislature  to  pass 

What    special,    prohibited 

To  be  enacted  securing  free  suffrage,   etc 

LEGISLATURE,  person  holding  lucrative  office  not  eligible 

To  enact  laws  governing  elections,   etc 

Votes  in,  how  given,  to  vote  for  senatorial  candidate 
securing  plurality  vote 

Each  house  is  judge  of  election  and  of  the  qualifica- 
tion of  its  members 

Quorum  required  in  each  house 

Sessions    of    

LEGISLATIVE    ASSEMBLY    must    vote    openly    and    not 
by    ballot    

LIST    OF    CANDIDATES    for    State    and    district    offices 
furnished   clerks  by   Secretary   of   State 

LUCRATIVE    OFFICE,    no    person    can    hold    more    than 

one     

What    are    not 

LIQUOR,  disposing  of  on  election  day 


M 

MANNER  OF  VOTING,   duty  of   officials 

MARINES,  when  not  entitled  to  vote 

MESSENGER,     compensation     of 


MEMBERS    OF    LEGISLATURE,    each    house    judge    of 
election  and  of  the  qualifications  of  members 

METHOD    OF    VOTING... 


MILITIA,   voter  not   required   to   do   duty   on   election   day 
except   when    

MILITIA   OFFICES  are  not  lucrative  offices 

MUTILATION   of   papers,    notices,    etc.,   penalty 

N 


9   Art.  2 

16   Art.  4 

9   Art.  2 


11,  96   Art.  2    15,  3418 


16  Art.  4 
16  Art.  4 
16  Art.  4 


11    Art.  2  15 

28  3307 


10   Art.  2 
10   Art.  2 

163 


91  3405,  3406 

9   Art.  2  5 

97  3423 

16   Art.  4  11 

90-92  3403-3411 

10   Art.  2  13 

10   Art.  2  10 

95  3416 


NAMES  of  candidates,  rotation  upon  ballots.. 

NATURALIZATION    laws    of    United    States 

Honorably    discharged    soldiers 

Alien    enemies    prohibited 


70 

.178-194 
194 
195 


1 

1-31 
2166 
2171 


INDEX. 


219 


PAGE  SECTION 

Children   of   naturalized   parent,    when   citizen 195  2172 

Chinese    prohibited    196  14 

Final    papers,    how    obtained 180-187  4-14 

Petition  for  final  papers,   form   of 191  27 

NOMINATIONS,     acceptance     of     must     accompany     cer- 
tificate       43  3338 

Arrangement    of    46,  80   3347,3348,3394 

Certificate   of   nomination   by   political   party 41,42  3334-3336 

Certificates    of    State    nominations 43  3339 

Electors   qualified    to    nominate 42  3337 

Certificates  of  county  and  precinct  offices,  when  filed 44  3340 

Death    or    withdrawal,    notice    of 45  3344 

Elector's    nomination,    number    required 41,  42  3335,  3336 

Party   or   electors   may   nominate 41  3333 

Withdrawals,    how    made 45  3343 

Provisions    regarding   nomination 10  Arf.  2  14 

Special    election    30  3312 

To  be  filed  with  county  clerk,  when 44  3340 

With  Secretary  of  State,  when 43  3339 

To   contain   what 41,42  3334,3336 

When    and    where    filed 43,  44  3339,  3340 

Who    may    not    sign 42  3337 

Construction   of   direct   primary   law 43  3349 

Name   may   be   withdrawn   from 45  3343 

Public   record   and   copies   of 44  3342 

Register    of    44  3341 

Rules  for  construing  direct  primary  law 47  3349 

Vacancy  in,  how  and  when  filled. 45  3345,3346 

Who  qualified  to  make  or  join  in 42  3337 

Also,   see  Direct  Primary  Nominating  Elections. 

NOTICE  of  death  or  withdrawal  of  candidate 45  3344 

Of    election,    form    of 28  3307 

To   be  prepared  by  county  clerk 28  3307 

Of    nominations    46  3347,  3348 

NEW  COUNTIES,  creation  and  organization  of 156-159  1-8 

Area,  assessable  property,  procedure  and  vote  required 

to  create  156,  158  '  1,  3 

Canvassing  vote,  return  and  proclamation  of  Governor 

as  to  new  counties 157  2 

Governor  to  appoint  county  court  for  new  county 158  4 

County  court  appoints  all  officers  of  new  counties 159  5 

County  court  temporarily  fixes  county  seal  of  new 

county  159  6 

Elections  for  organizing  new  counties,  how  conducted....  159  8 

O 

OATH    of   members    of    legislative    assembly 17  Art.  4  31 

Of  office  of  every  elected  or  appointed  officer 23  Art.  15  3 

Of    Supreme    judge 20  Art.  7  7 

Of    voter    challenged 31  3314 

Of  judges  and  clerks  of   election 29  3308 

To   be   administered    to   voter,    when 31  3314,3316 

OFFENSES    at    polls,    punishments 33  3321 

OFFICE,   what  is  a  lucrative,   person  holding  not  eligible 

to   legislature,   person   cannot  hold   two 9  Art.  2  10 

Vacancy   in,    commencement   of ...                         100,102  3433,3439 


220 


INDEX. 


PAGE  SECTIOX 

When     term     begins 10,102   Art.  2    14,3439 

Holds  until   successor  is  elected  and  qualified 23   Art.  15  1 

That   are   not   lucrative 10   Art.  2  10 

OFFICE-HOLDER,  disqualified  to  hold  office  for  which 
he  has  given  or  offered  a  bribe,  threat  or  re- 
ward to  procure 9  Art.  2  7 

OFFICERS    of    election,    compensation    of 34  3322 

Certificates   for   96  3419 

O:   election,    how   seated   at   polls 89  3402 

Misconduct   of   98  :542.~> 

Negligence   and   corruption   of 163  2066 

Poll  books  to  be  signed  by 34  3324 

Work   of   separate   boards   kept   separate 37  3326 

State,   district,  county  and  precinct,  when  elected 24  3303 

OFFICIAL   MISCONDUCT   at   election,    penalty   for 163,  93,  98   2066,3414,3425 

OPENING  polls   30  3311 

P 

PAMPHLETS    for    voters 125-129  3487-3493 

PENALTY   FOR   disorderly   conduct   at   polls 163,  33  2067,  3321 

Disposing  of  liquor  on  election  day 163  2130 

Inducing  persons  to  come  into  the  State  to  vote 162  2062 

Voter    to    absent    himself 162  2063 

Interfering   with    or   marking   ballots 93  3412 

Interfering  with   secrecy   of   ballots 93  3414 

Misconduct    of    voter 93  3412 

Mutilation  of  papers,   notices,   etc 94  3416 

Offering    to    bribe    voter 160  2055 

To   vote   illegally 161  2058 

Official    misconduct    163,  98  2066,  3425 

Wrong-doing   on    election    day 93.94  3414,3415 

Refusing    to    act    as    judge    or    clerk    of    election    after 

accepting    26  3307 

Removing    notices   or    destroying    supplies 95  3416 

Tampering    with    ballots 98  3415 

Violation   of   registration    law Ill  3465 

PEN  OR  PENCIL  not  allowed  in  hands  of  judges,  except 

when 29  3310 

Extra  to  be  removed  during  count 29  3310 

PETITION   for   initiative,    form 114  3471 

For    referendum,     form 114  3470 

Initiative    and    referendum,    number    of    petitioners    and 

when    filed    13   Art.  4  1 

PETITIONERS    for    initiative    or    referendum    measures, 

who    qualified    124  3483 

PLACE   of  voting 11    Art.  2  17 

PLURALITY    elects    11,  98  Art.  2    16,3425 

POLICEMEN  to  execute  order  of  judges  of  election 33  3321 

POLITICAL    party,    definition    and    nomination    by 41,  42  3333-3336 

POLL    BOOKS,    custody    of 39  3328 

Disposition     of     38,  39  3327,  3328 

Form    of    34  3324 

How   furnished    87  3399 

To  be  prepared  by  the   Secretary  of   State...  4  3413 


INDEX.  221 


PAGE  SECTION 

POLLING  PLACES,  board  to  meet  at,  when 25  3305 

How    secured    and    arranged 88,  89  3401,  3402 

To  be  designated  by  county  court 25  3305 

Persons    prohibited    within    50    feet,    except    challengers 

and   electors   actually   proceeding   to   vote 33  3320 

POLLS,    disorderly    conduct   at 163,33  2067,3321 

Means  of  preserving  order  at 33  3321 

Opening,    closing   and   adjourning 30  3311 

Persons  not  allowed  within  50  feet  of 33  3320 

Shall   remain  open   during  what  hours 30  3311 

POSTMASTER,  when  not  a  lucrative  office 10  Art.  2               10 

PRECINCT   OFFICERS,   election  and  term  of 19  Art.  6                7 

Proceedings  in  case  of  tie  vote  for 97  3421 

Registers  to  be  returned  to  county  clerk Ill  „                  3464 

Election    supplies,    how    furnished 87  3399 

PRECINCTS,    county    court    to    establish 25,  154  3304,  6 

PRESIDENT,     election    of...  5 


PRESIDENTIAL    ELECTORS,    compensation    of 102                       3446 

When  election   of   to  be  held 102                       3443 

Electoral  college,  vacancies  in,   time  of  holding 102                      3443 

When    elected,    when    to    convene,    votes    for    how    can- 
vassed,    compensation     102            3443-3446 

PRESIDENTIAL  elections  and  electors,   see   Nominations 

and    Direct   Primary   Nominating   Elections 48,  79            3350,  3392 

PREVENTING    or    attempting    to    prevent    qualified    per- 
sons   from    voting,    penalty 161-163  2059-2065 

PRISONERS,  do  not  gain  or  lose  residence  while  confined 

in    prison    8   Art.  2                 4 

PRIVILEGES,    exclusive,    not   to   be   granted 7  Art.  1              20 

PRIMARY     elections,     see     Direct     Primary     Nominating 
Elections  and   Nominations. 

PROPORTIONAL    representation    11  Art.  2              16 

PROSECUTING    attorneys,    election    of 170                       2817 

PROTECTION  of  the  laws  to  be  accorded  equally 6  Art.  14 

PUBLIC  MONEY,   defaulter  of  not  eligible  to  office  until 

it  is  repaid 10  Art.  2               11 

PUBLIC  RECORDS,   registration   registers  of  electors  are  109                            18 

Q 

QUALIFICATIONS  of  county,  precinct,  and  city  officers....  19   Art.  6                 8 

Of  voter,   rules  for   determining 32                       3318 

QUORUM   required  in  each  house  of  the  legislature 16  Art.  4              12 

B 

RACE,  right  to  vote  not  to  be  denied  on  account  of 6  Art.  15 

RECALL,  campaign  expenses  of  officer  to  be  paid  in 12  Art.  2              18 

Cannot  be  had  until  first  six  months  of  office  expires....  12   Art.  2               18 

Every  public  officer  subject  to  in  district  where  elected  11   Art.  2              18 


222  INDEX. 


PAGE  SECTION 

Form  of  petition  and  number  of  petitioners  required 12   Art.  2  18 

Officer's   name   on    ballot,    when 12  Art.  2  18 

Officer   offering   to   resign 12   Art.  2  18 

Petition,    where    filed 12   Art.  2  18 

Second  petition  for  against  same  officer  prohibited  unless 

expenses  of  election  are  paid 12  Art.  2  18 

Special   election   and   time    thereof 12   Art.  2  18 

RECORDER    of    conveyances,    election    of 172  3004 

REDRESS   OF   GRIEVANCES,   people   may  assemble  and 

apply    to   legislature    for 7   Art.  1  26 

REFERENDUM     13   Art.  4  1 

In   cities   and   towns 122-124  3480-3484 

Measures,  ballot  title  and  numbering  of 117-119  3475-3477 

Arguments  on   119  3478 

Canvassing  vote,   return  and  proclamation 121  3479 

In   counties  and  other  districts 14,  124     la,  3484,  3485 

Manner    of    voting 119  3477 

On  local,  special,  county  and  city  laws 14  Art  4  la 

Petition,    form    of,    etc 114-117   3470,3472-3474 

Mandamus   to   compel   filing  of 117  3474 

Petitioners,    who    qualified 124  3483 

REGISTER    OF    NOMINATIONS,    how    kept 44  3341 

REGISTRATION,   form   of   books,   cards,   and   register 103  1-4 

List,   correction  of  before  an  election,  how  made 109  15 

Penalty  for  not  complying  with  laws  relating  to Ill  3465 

Prepared    where   precincts    and    municipal    boundaries 

are  not   identical Ill  21 

And   affidavits   of   election   shall   be   returned  to   clerk 
sealed    with    name    of    contents    and     precinct 

marked    thereon    Ill  3464 

Of  electors  before  clerks,  form  of,   etc 104  4 

Of    voters,    provisions    regarding 10  Art.  2  14 

REGISTRARS      for      registering      electors,      appointment, 

duties    and    supplies 107-109  9-16 

REGISTRAR     must     mail     list     each     week     to     clerk     of 

electors    registered    108  14 

REMONSTRANCE  against  appointment  of  judge  or  clerk 

of    election    27  3307 

REPRESENTATIVES,    not    to    be    questioned    for    words 

uttered    nor    to    be    arrested    except    in    certain 

cases 16  Art.  4  9 

Qualification,  number,  term,  and  by  whom  chosen 14-15  Art.  4  2-4,8 

No  person  eligible  as  while  holding  any  lucrative  office  9  Art.  2  10 
Not  eligible  to  any  office  created  by  the  assembly,  or 

the  election  is  vested  in,  or  the  emoluments  are 

increased  by '  17  Art.  4  30 

Election  of,  vote  for  sent  to  Secretary  of  State,  when.. ..14,  15,  98  Art.  4  3,4,3424 

RESIDENCE,  not  lost  or  gained  when  8  Art.  2  4 

Change  of  by  voter  after  registration 108  13 

Of  voter   8  Art  2  4 

Rules   for   determining   32  3318 

RESIGNATIONS,   how  made   100            3431,  3432 

Proceedings,   in   case  of  100  3431 

To   whom   made    100  3432 


INDEX. 


223 


PAGE 


SECTION 


REWARDS,   disqualifies  office-holder  •          9  Art.  2  7 

RETURNS,    canvassing    96,97  3419-3422 

For  joint  members  of  legislature,  how  forwarded  98  3424 

When  Secretary  of  State  to  send  for  98  3423 

ROTATION   OF  NAMES  upon   ballot,   when   70  1,  2 

RIGHT    OF    CITIZENSHIP    not    to    be    abridged    by    any 

state     5  Art.  144 

S 

SALARY  of  election  officers  34  3322 

SAMPLE    BALLOTS    46,  79  3348,  3392 

How  different  from   official   86  3395 

May  be  used  to  assist  voter  '. 92  '               3411 

Not  to  be  counted   80  3393 

Number  to  be  furnished  precinct  86  3395 

SEALING  BALLOTS  when  counted  35  3325 

SEALS,  form  of,  and  how  provided  35  3325 

SEAMEN,  do  not  lose  or  gain  residence  while  such 9  Art.  2                5 

SECRECY  OF  BALLOT,  penalty  for  interfering  with 93  3414 

SECRETARY   OF    STATE,    abstract   of   vote   to   be   trans- 
mitted   to    97  3422 

Certificate  of  nomination  to  be  filed  with,  when  43  3339 

To  fill  vacancy,  to  be  filed  with,  when  45  3346 

Duties  of  in  filling  vacancy  in  nomination  45  3346 

Election   of,   term  of   19  Art.  6                 1 

Qualification,  term  of  office,  etc 19  Art.  6                1 

To   furnish   clerks   certified   copies   of   State   ballot   with 

names  of  candidates  and   measures   118  3476 

To  furnish  list  of  State  and  district  offices  to  be  filled 

to  clerks  within  what  time  before  election  28  3307 

May  send  messenger  for  returns,  when  98  3423 

Returns  of  election  for  Governor  to  be  transmitted  to....  18  Art.  5                4 

To  arrange  names  on  ballot  46  3347 

To    compile    election    laws,    prepare    poll    books,     tally 

sheets,    etc 4  3413 

To  give  notice  of  withdrawal  of  nomination  45  3344 

To  provide  blank  seals 35  3325 

Withdrawal  of  nomination  to  be  filed  with  45  3343 

SCHOOL    DISTRICTS    may    procure    registration    lists    of 

boundaries    110  21 

SCHOOL  SUPERINTENDENT — see  County  School  Super- 
tendent. 

SENATOR,  no  person  eligible  as  while  holding  any  lucra- 
tive   office    9  Art.  2              10 

SENATORS,   not  to  be  questioned  for  words  uttered,   nor 

to  be  arrested  except  in  certain  cases  16  Art.  4                 9 

SENATORS    (State),    qualification,   number,    term   and  by 

whom    chosen    14-15  Art.  4     2-4  &  8 

SENATORS    not    eligilbe    to    any    office    created    by    the 
assembly,     or    the    election    is    vested    in,     or    the 

emoluments  are  increased  by  17  Art.  4              30 


224  INDEX. 

PAGE  SECTION 

SENATORIAL     CANDIDATE      securing     plurality     vote, 

legislature  instructed   to   vote  for   96  3418 

SENATOR,  candidate  for  U.  S.,  on  ballot  95  3417 

SENATOR,   State,   how  chosen,   term  of   14,  15  Art.  4  3,  4 

SENATOR,  U.   S.,   how  chosen  6   Art.  17 

SHERIFF,   election,   term   of  office   19   Art.  6  6 

Election    of    171  2934 

Penalty   for    non-observance   of    laws   relating   to    regis- 
tration,    etc Ill  3465 

Required  to  execute  orders  of  judges  of  election  33  3321 

To  report  violation  of  law  to  grand  jury  164  2131 

To   secure  polling  places   88  3401 

To  sign  receipts  for  election  supplies  88  3400 

To  take  supplies  to  polling  places  88  3400 

SERVITUDE,   previous  condition   of.   the  right  to  vote  on 

account  of  not  to  be  denied  6  Art.  15 

SESSIONS   OF   THE   LEGISLATIVE   ASSEMBLY    16   Art.  4  10 

SIGNERS    of    referendum    and    initiative    measures,    when 

qualified    to    sign    124  3483 

SOLDIERS,   do  not  lose  or  gain  residence  while  such 9   Art.  2  5 

Not  entitled  to  vote,  when  9  Art.  2  5 

SPECIAL  ELECTION,   certificate   of   nomination 30  3312 

General  election  laws  to  apply  30  3312 

To    fill    vacancy    100,  101  3431,  3438 

SPECIAL    ELECTION    IN    NOVEMBER    1913 150,151  1-5 

Electors  registered  in  1912  may  vote  at  without  further 

registering     150  2 

Arguments   and   pamphlets   150  3,  6 

SPECIAL  LAWS  for  opening,   conducting  elections,   fixing 

place  of  voting,   prohibited   16   Art.  4  23 

SPOILING  AND  REISSUE   OF  BALLOTS    91  3307 

STATE  PRINTER,   election,   term  and  duties  of  23   Art.  12  1 

STATE  TREASURER,  qualifications,  term  of  office,  etc 19   Art.  6  1 

STUDENTS  do  not  lost  or  gain  residence  while  attending 

a    seminary    of    learning 8  Art.  2  4 

STATEMENTS  NO.   1  and  NO.   2    59  3361 

STUBS,  to  be  kept  in  presence  of  judges  30  3311 

SUPERINTENDENTS  OF  PUBLIC  INSTRUCTION,  elec- 
tion   of    170  3944 

Election    of    22   Art.  8  1 

SUPPLIES,   how  furnished   87,  88            3399,  3400 

Interference    with,    penalty    95  3416 

To  be  prepared  by  Secretary  of  State  4  3413 

SUPREME  COURT  JUDGES,  election  and  term  of  office,   20,  164- 

166   Art.  7  1,  2745 

2748,  1,  2 

SURVEYOR,   election,   term   of   office   19  Art.  6  6 

SURVEYOR,  see  County  Surveyor. 


INDEX. 


225 


PAGE  SECTION 

TALLY    SHEETS,    custody   of 39                        3328 

Disposition    of    39                       3328 

Number   to   be  furnished  precinct   86                       3395 

Form,   how  used,  how  kept  37,  38            3326,  3327 

Prepared  by   Secretary  of   State   4                      3413 

Private,  may  be  kept  during  count 29                       3310 

To  be  kept  in  presence  of  judges  30                      3311 

TENURE  OP  OFFICE  created  by  legislature  not  to  exceed 

four    years     23  Art.  15              3 

TERM   OF   OFFICE,    when    it   begins   10  Art.  2              14 

When   it   begins   102                      3439 

THREATS,    disqualifies    office-holder   9  Art.  2                7 

TIE  VOTE,  for  county  and  precinct  officers  97                     3421 

For    Governor     , 18  Art.  5                5 

For  Legislature   or   State  office  96,  97            3419,  3422 

TIME    OF    HOLDING    10,  24  Art.  2               14 

3303 

Of  opening  and  closing  polls  30                       3311 

TOWNS,  see  Cities. 

TOWNSHIP  OFFICERS,  election  and  term  of  19  Art.  6                7 

TREASURER,  see  County  Treasurer  and  State  Treasurer. 

U 

UNITED  STATES  SENATOR,  election  of  5  Art.  1, 

6  Art.  17 

Vacancies  in  office  of,  how  filled  6  Art.  17 

Name  of  candidate  for,  to  be  placed  on  official  ballot....  95                      3417 

V 

VACANCY,  in  list  of  nominees,  how  filled  45            3343-3346; 

After  printing  of  ballot 86            3396,  3397 

In  Legislature,  special  elections  to  fill  100                      3431 

In    office    100,  101  3433,3435 

May  be  declared  by  Governor  101                       3434 

In    Congress,    how    filled 5,  101  Art.  1          3438 

Who   may   fill 19   Art.  5              16- 

When  it  occurs,  and  how  filled  100-102  3431-3444 

In  Legislative  Assembly,   how  filled 19  Art.  5               17 

Governor    may    appoint    during   recess,    that    Legislature 

is  authorized  to  fill  101                      3425 

Term   the  appointee   may   hold 101                      3437 

In  nomination,  certificate  to  fill  45                       3346 

In   nomination,   how   filled    45                       3345 

In  county  precinct  and  city  offices  20  Art.  6                 9 

In    office   of    Congressman,    how   filled 101                       3438 

Of  congressional   representative,   special   election   101                      3438 

When  filled  by  county  court  101                      3436 

VICE   PRESIDENT,    election   of   5  Art.  2 

VOTE,  how  given  by  people  and  by  Legislature  11  Art.  2              15- 

•      Sig.  8 


226  INDEX. 


PAGE 

SECTION 

VOTER,  challenge  and  proceedings  on  

30-32 

3313-3318 

Definition    of    

161 

2057 

Importing,     punishment    

162,  163 

2062,  2065 

Inducing  to  absent  himself,  penalty  

162,  163 

2063-2065 

Insane,  idiots  and  convicts  are  not  

8 

Art.  2                  3 

Intimidation    of    

161 

2059 

By    corporatoins     :  

161,  162 

2060,  2061 

May  vote  though  not  registered,  when  

105 

6 

Must  be  challenged,  when  

110 

20 

Must    register,    when    

105 

5 

Must  register  with  county  clerk,  when  

112 

3466 

Name  of  to  be  counted  and  certified  

34 

3324 

Not  voting  after  receiving  ballot  

92 

3410 

Oath  to  be  administered  to,  when  challenged  

31 

3314,  3316 

Offering   to    bribe,    penalty    

160 

2055 

Pamphlets   mailed    to    

127 

3490 

Penalty  for  misconduct  on  part  of  

93 

3412 

For  receiving  bribe  

160 

2056 

Privilege  from  arrest  and  military  duty,  when  

10 

Art.  2                13 

Qualifications    of    ;  

7 

Art.  2                  2 

Rules  for   determining   

32 

3318 

Registration     of     '.  

.103-111 

1-21 

Residence    of    

8 

Art.  2                  4 

Can  be  gained,   how  

8,  9 

Art.  2            4,  5 

Rules   for   determining    

32 

3318 

Rights  of,  how  forfeited  

8 

Art.  2                 3 

Shall  vote  in  precinct  where  he  resides  

11,  32 

Art.  2               17 

3318 

Soldiers,   seamen  and  marines  are  not  voters  and  when 

9 

Art.  2                  5 

To  be  challenged  by  judge  or  clerk,  when  

30 

3313 

Unregistered,   may  vote   how        

105 

6 

"When  disqualified,  may  not  sign  certificate  of  nomination 

43 

3337 

Where   to   vote   

11 

Art.  2                17 

Who  entitled   to  vote   :  

7 

Art.  2                  2 

Who  may  register  

104 

4 

Defined    under    bribery    statute  

161 

2057 

Judges  must   examine   register  for  name  of  

110 

19 

VOTER  —  see    Elector. 

VOTERS,    convicts,    insane    and    idiotic    persons    are    not 

entitled   to   vote   

8 

Art.  2                 3 

Importing    or    inducing    them    to    stay    away    or    absent 

themselves,   penalties  for   162,163  2062-2065 

VOTES   OF  LEGISLATIVE  ASSEMBLY,   how  given  11   Art.  2               15 

VOTES  at  all  elections,  how  given  11  Art.  2              15 

Count    of    34,  35            3324,  3325 

How    given    11   Art.  2               15 

May  be  rejected,  when  31                       3315 

Proceedings   in   case   of   tie 96,97            3419-3422 

Summary  of  to  be  entered  in  election  record 97                       3420 

VOTING,  entering  name,  receiving  ballot,  etc 90                       3403 

Assistance  in  marking  ballots   : 92                       3411 

Method    of     90                       3403 

Only  one  person  allowed  in  compartment  92                       3410 

Or  offering  to  vote   illegally,   punishment   161                        2058 

Preparation  of  ballot  by  voter 90                        3404 

Sample  may  assist  in  making  out  ballot  92                        3411 

Violence    to    prevent,    punishment    161                        2059 

Wrongful,    other    misconduct    113            3468,  3469 

See  also  Citizens,  Judges  and  Clerks  of  Election,   Residence. 


INDEX.  227 


PAGE  SECTION 

VOTING  FOR  CONGRESSMEN  may  be   in  any  place  in 

such    district    11  Art.  2  17 

VOTING  FOR   STATE  OFFICERS  may  be  in  any  place 

in     State    11  Art.  2  17 

VOTING,    place   of 11,25, 

88,  89  Art.  2  17,  3305 
3401,  3402 

VOTING     MACHINES     151-154  1-8 

Board     to     examine     voting    machine     and     pass     upon 

whether    practical,    etc 151  1 

Requirements  of  voting  machine  to  be  practical  151  2 

Counties    and    cities,     joint    ownership    of    voting    ma- 
chines              153  3 

Election  boards  how  provided  with  153  4 

Election    board,    who    shall     consist     of     where     voting 

machine  is  used  153  5 

Number     of     voters     in     precincts   where    machines   are 

used     154  6 

Penalty  for  tampering  with  voting  machine  154  8 

W 

WHITE  BALLOTS  only  to  be  counted  40  3329 

BALLOTS   not   to  be   counted   if   impossible   to   determine 

electors    choice 40  3329 

WITHDRAWAL    OF   CANDIDATE,    county   clerk   to   pre- 
pare  card   of   instruction   86  3396 

How  made  and  notice  of  45  3343,  3344 

WRITS  OF  ELECTION,  Governor  to  issue  when  19  Art.  5  17 

UNITED    STATES    STATUTES — 

Aliens    honorably    discharged    from    service    in    navy  or 

marine  corps,   may  become  citizen  196 

Alien   seamen   of   merchant  vessels,   to   become   citizens, 

when     : 196  2174 

Children  -of  persons  naturalized,  to  be  citizens,  when  195  2172 

Constitution  relating  to  congress  and  senators  5  Art.  1                 4 

Relating  to  citizenship   5  Art.  14              1 

Relating  to  electors  of  president  and  vice-president  ....              5  Art.  2                1 

Relating  to  right  to  vote   6  Art.  15              1 

Honorably    discharged    aliens    exempted    from    certain 

formalities     194  2166 

Naturalization  of  Chinese  prohibited  196  14 

Laws    governing    178-194  1-27 

To  alien  enemies  prohibited  195  2171 

Statutes  denning  citizenship   176-178 

194-197  1992-2000, 

2166-2174 

Relating  to   elective   franchise   178  2003,  2004 

oQo 


ADDENDA 


NOTE. — By  a  decision  of  the  Supreme  Court  of  Oregon,  in  the  case 
of  The  City  of  Portland,  v.  John  B.  Coffey,  County  Clerk  of  Multnomah 
County,  rendered  November  25,  1913,  the  provisions  of  Chapter  323, 
General  Laws  of  Oregon  1913  (Sections  1-21  and  3465  and  3466  of  the 
compilation  of  the  Statutes  and  Constitution  relating  to  Elections  in  the 
State  of  Oregon,  1913)  were  declared  invalid,  and  Sections  3447-3463 
and  3465  and  3466  of  Lord's  Oregon  Laws  restored  to  full  force  and 
effect. 

REGISTRATION  OF  VOTERS. 
§  3447.      Providing  Registration  Books  and  Blanks. 

It  is  hereby  made  the  duty  of  the  county  clerk  of  each  county  in  this 
State,  between  May  1  and  December  15,  1899,  and  biennially  thereafter 
between  said  dates,  to  procure  a  sufficient  supply  of  all  the.  books  and 
blanks  required  by  this  chapter  and  to  register  all  the  electors  in  the 
county.  The  board  of  commissioners  of  each  county  shall  order  to  be 
paid  out  of  the  county  treasury  the  reasonable  and  necessary  expenses 
so  incurred  by  the  county  clerk. 

§  3448.     Form  of  Registration  Book  and  Elector's  Oath. 

Said  registration  book  shall  be  ruled  and  printed  upon  twenty-four 
pound  folio,  superfine  white  paper,  so  that  each  double  page  may  be 
twenty-two  inches  wide  and  seventeen  inches  long.  They  shall  be  ruled 
and  printed  alike  for  all  counties  in  the  State.  There  shall  be  one  or 
more  volumes,  well  bound  with  leather  backs  and  corners  and  cloth 
sides,  for  each  county,  large  enough  to  contain  the  names  of  all  the 
electors  in  the  county,  called  the  "General  County  Register."  Each 
general  county  register  shall  have  four  blank  leaves,  suitably  ruled,  in 
the  front,  to  facilitate  making  an  index  to  the  several  precincts  in  the 
county,  and  the  pages  shall  be  numbered  consecutively  on  the  upper 
right-hand  corner  of  each  double  page.  Each  county  clerk  shall,  before 
proceeding  to  register  electors,  suitably  divide  his  general  county  regis- 
ter into  as  many  parts  as  there  are  election  precincts  in  his  county,  and 
index  the  several  precincts  in  the  front  of  the  volume.  There  shall  be 
one  registration  book  bound  in  tag  board  with  cloth  strips  on  the 
back,  for  each  election  precinct  in  each  county  in  the  State,  called  the 

"Precinct   Register   for Precinct, County'*;    and   its   pages 

shall  be  alphabetically  indexed  on  the  margin  so  as  to  facilitate  regis- 
tering the  electors  in  the  precinct  in  alphabetical  order  according  to 
surnames.  These  precinct  registers  shall  be  bound  in  different  sizes 
so  as  to  suit  the  different  precincts.  Size  one  shall  contain  eight  double 
pages,  size  two  shall  contain  sixteen  double  pages,  size  three  shall  con- 
tain thirty-two  double  pages,  size  four  shall  contain  forty-eight  double 
pages.  The  paper,  size  of  pages,  ruling,  and  printing  shall  be  the  same 
as  used  for  the  general  county  register,  but  the  pages  need  not  be  num- 
bered. Said  registration  books  shall  be  ruled  and  printed  substantially 
in  the  following  form: 


OFFICIAL  EEGISTEE  OF  ELECTORS  FOB  — 


PEEOINCT,  — 


COUNTY,  OREGON. 


Number  | 

1 

Name,  sur- 
name, and 
given  name 

* 

1 

Occu- 
pation 

1 

Nativity  | 

Declara- 
tion of 
naturaliza- 
tion 

Resi- 
dence 

j 
1 

Signa- 
ture of 
electors 

Clerk's 
sig- 
nature 

Remarks 

STATUTES   RELATING  TO   ELECTIONS. 


The  following  form  of  oath  shall  be  printed  perpendicularly  in  the 
column  headed  "oath"  "I,  having  been  first  duly  sworn,  say,  upon 
oath,  that  I  am  a  qualified  elector,  and  the  statements  here  entered 
opposite  my  name,  as  to  my  qualifications  as  an  elector,  are  true." 

§  3449.      Form  of  Registration  Blanks. 

The  following  registration  blanks,  designated  as  "Registration  blank 
A,"  and  "Registration  blank  B,"  shall  be  printed  upon  sixteen  pound 
cap,  superfine  paper,  eight  and  one-half  inches  wide,  and  fourteen 
inches  in  length,  with  a  blank  margin  of  one  inch  on  the  left-hand  side 
of  the  blank,  the  back  of  which  margin  shall  be  gummed  five-eighths  of 
an  inch  in  width.  They  shall  be  furnished 'in  pads  of  one  hundred 
each: 

OREGON   REGISTRATION  BLANK  "A" 

This  blank  serves  for  three  purposes :  For  registering  with  a  notary  public 
or  justice  of  the  peace,  as  provided  in  section  3455,  in  which  case  two  witnesses 
are  necessary;  also  for  use  if  challenged  under  section  3461,  when  six  witnesses 
may  be  required;  also  under  section  3462,  when  the  elector  is  not  registered  in 
the  precinct,  when  he  must  subscribe  to  this  blank  three  times  and  produce  six 
freeholders  as  witnesses,  who  must  all  sign  the  second  affidavit. 

STATE  OF  OREGON, 


County  of- 


I,  the  undersigned  elector,  do  solemnly  swear  (or  affirm)  that  my  name  and 
signature  as  signed  below  is  my  true  name  and  signature.  If  I  have  not  person- 
ally signed  it,  it  is  because ;  and  it  was  signed  at  my  request  by  the 

attending    [attesting]    officer.      My   age   is   years,   and   occupation   ; 

nativity  ;  naturalized  or  declared  my  intention  in  court,  in  

County,  State,  on  ,   19 — ,  as  appears  by  the  naturalization  papers 

exhibited  herewith.      Present  residence   is  in   section  — ,   township  — ,   range  — , 

County,  Oregon,   (or  if  town  or  city)  at  No.  — ,  Street,  in  the  city 

of ;   I  occupy  room  —  on  the  —  floor ;   that  I  have  resided  in  this  State 

during   the   six   months   immediately   preceding   this  election. 
In  testimony  whereof  I  sign  my  name  three  times. 

(D- 
(2)- 
(3)- 

Elector. 
NOTE. — If  unable  to  sign,  let  the  officer  write  his  name  and  so  state. 

We,  the  undersigned  witnesses,  do  swear  that  our  names  and  signatures  are 
genuine ;  that  we  are  each  personally  acquainted  with  the  elector  and  his 
residence,  as  stated ;  that  we  believe  all  his  other  statements  are  true,  and 
that  we  are  each  freeholders  in  the  county. 

Signatures.        Residence. 


Subscribed  and  sworn  to  by  the  elector  and  witnesses  before  me  this 

day  of  ,   19 — . 

(Erase  one  title  to  suit.)  Justice  of  the  Peace  for  District! 

Notary  Public  for  Oregon. 

OREGON  REGISTRATION  BLANK  "B." 

For  use  if  the  elector  has  changed  residence  after  registering,  in  order  to 
cancel  the  same.  By  canceling  his  former  registration  in  this  manner  he  can 
again  register  in  his  present  precinct  and  county.  See  sections  3459  and  3460. 
I,  the  undersigned  elector,  do  solemnly  swear  (or  affirm)  that  my  name  and 
signature  as  signed  below  is  my  true  name  and  signature.  If  I  have  not  person- 
ally signed  it,  it  is  because : ;  and  it  was  signed  at  my  request  by  the 

attesting  officer.      That  while  a  resident  of  precinct,   in County, 

Oregon,  I  registered,  but  on  day  of  ,  19 — ,  I  moved  my  residence  to 

section   — ,    township  — ,    range  — ,   County,    Oregon;    (or   if  in   city)    to 

No.  — ,  —         -  Street,  in  the  city  of  -  ;   I  occupy  room  —  on  the  —  floor. 

I,  therefore,  request  the  cancellation  of  my  registration  in  said precinct, 

County,   Oregon. 


Elector. 
NOTE. — If  unable  to  sign,  let  the  officer  write  his  name  and  so  state. 

We,  the  undersigned  witnesses,  do  swear  that  our  names  and  signatures  are 
genuine ;    that    we    are    each    personally    acquainted    with    the    elector    and    his 


STATUTES   RELATING   TO   ELECTIONS. 


residence,  as  stated ;   that  we  believe  all  his  other  statements  are  true,  and  that 
we  are  each  freeholders  in  this  county. 

Signatures.        Residence. 


Subscribed   and    sworn   to  by   the   elector   and   the   two   witnesses   before   me 
this day  of  • ,  19 — . 


(Erase  one  title  to  suit.)  Justice  of  the  Peace  for  District. 

Notary  Public  for  Oregon   (or  other  officer.) 

§  3450.      Clerk  of  County  Court  to  Act,  When. 

In  all  counties  in  the  State  which  have  no  county  clerk,  the  clerk 
of  the  county  court  shall  perform  all  the  duties  required  by  this  chapter 
to  be  done  or  performed  by  the  county  clerks  in  the  other  counties, 
and  he  shall  be  compensated  in  the  same  manner. 

The  above  section  as  enacted  provided  that  "in  Multnomah  County,  and  in 
all  other  counties  in  the  State,"  etc.  In  view  of  the  act  abolishing  the  office 
of  clerk  of  the  county  court  and  recreating  the  office  of  county  clerk  (§§  3019- 
3021,  ante),  the  section  has  been  changed  to  read  as  above. 

§  3451.      Time  of  Registration. 

It  shall  be  the  duty  of  every  elector  in  the  State  of  Oregon,  between 
the  first  Monday  in  January,  1900,  and  5  o'clock  P.  M.  of  the  fifteenth 
day  of  May,  1900,  and  between  the  same  dates  and  hours  biennially 
thereafter,  to  register  with  some  notary  public  or  justice  of  the  peace 
or  with  the  county  clerk  of  the  county  in  which  the  elector  resides,  in 
accordance  with  this  chapter. 

§  3452.      County  Clerk  Must  Enter  Elector's  Name. 

It  shall  be  the  duty  of  the  county  clerk  in  each  county,  between  the 
first  Monday  in  January,  1906,  and  five  o'clock  P.  M.  of  the  fifteenth 
day  of  May,  1906,  and  between  the  same  dates  and  hours  biennially 
thereafter,  and  between  the  twentieth  day  of  September,  1904,  and 
5  o'clock  P.  M.  of  the  twentieth  day  of  October,  1904,  and  between  the 
same  dates  in  each  and  every  year  thereafter  in  which  there  shall  be  an 
election  of  presidential  electors,  to  enter  upon  the  proper  registers 
every  person  who  complies  with  the  requirements  of  this  chapter  and 
claims  to  be  an  elector  residing  in  the  county.  If  the  clerk  refuses  to 
enter  the  name  of  any  qualified  elector,  such  elector  may  proceed  by 
mandamus  to  compel  him  to  do  so;  provided,  that  the  county  clerk 
shall  not  register  any  elector  during  the  period  beginning  on  the  fifty- 
fourth  day  and  ending  on  the  forty-first  day  immediately  preceding  the 
general  biennial  June  election;  and  provided  further,  that  this  law  shall 
not  operate  to  prevent  any  additional  registration  of  voters  required 
by  the  charters  or  ordinances  of  any  city  or  town  within  the  provisions 
of  section  3354. 

§  3453.      Manner  of  Registration — Information  to  Be  Given. 

Every  elector  may  be  registered  without  charge  by  personally  appear- 
ing in  the  office  of  said  clerk  and  after  being  duly  sworn,  stating  the 
following  facts,  which  the  clerk  or  his  deputy  shall  appropriately  enter 
in  black  ink,  at  first  in  the  general  county  register.  The  electors  shall 
be  numbered  consecutively  one,  two,  three,  etc.,  in  each  precinct  as 
they  are  registered  in  the  general  county  register.  The  clerk  shall  in- 
quire of  the  elector,  and  enter  the  following  information  in  the  general 
county  register,  in  the  division  set  off  for  the  precinct  in  which  the  elec- 
tor resides,  to-wit:  (1)  the  registration  number  of  the  elector;  (2) 
the  date  of  registering  the  elector;  (3)  the  full  name  of  the  elector; 
(4) leave  a  blank  space  in  which  the  judges  of  election  shall  enter  in 
the  precinct  register  the  poll  book  number  of  each  elector  when  he  has 
voted;  (5)  the  business  or  occupation  of  the  elector;  (6)  the  age  of 


STATUTES   RELATING  TO  ELECTIONS. 


the  elector  in  years;  (7)  the  country  of  nativity;  (8)  if  naturalized, 
the  time,  place,  and  court  of  naturalization  or  declaration,  as  evidenced 
by  the  legal  proof  thereof,  exhibited  by  the  elector;  (9)  the  postoffice 
address  and  the  actual  and  precise  place  of  residence  of  the  elector  at 
the  time  of  his  registering,  stating  first  the  precinct,  and,  if  in  the 
country,  the  section,  township  and  range;  and  in  cities  and  towns  having 
streets,  by  specifying  the  name  of  the  town  or  city,  the  street  or  other 
location  of  or  dwelling  place  of  the  elector,  with  the  number  of  such 
dwelling,  if  the  same  has  a  number;  if  not,  then  with  such  description 
of  the  place  that  it  can  readily  be  ascertained  and  identified;  if  the 
elector  be  not  the  head  or  proprietor  of  the  house,  then  it  must  show 
that  fact,  and  upon  what  floor  thereof,  and  what  room  such  elector  oc- 
cupies in  such  house;  (10)  the  fact  whether  or  not  the  elector  desiring 
to  be  registered  is  able  to  write  his  name  and  mark  his  ballot,  and  if  he 
can  not  do  both,  then  the  nature  of  such  disability  must  be  entered; 
(11)  the  elector  shall  then,  next  following  the  afore-administered 
oath,  sign  his  name  in  the  presence  of  the  clerk,  or  the  deputy  acting, 
in  the  general  register  upon  the  same  line  where  the  preceding  infor- 
mation is  written,  and  the  registering  officer  shall  then  sign  his  own 
name  upon  the  said  line,  and  add  any  remark  required  by  this  chapter 
or  appropriate  thereto  for  the  information  of  the  judges  of  election. 
If  the  elector  is  registered  by  the  clerk  in  person,  he  shall  sign  his  own 
name  in  attestation  thereof,  and  if  the  elector  is  registered  by  a 
deputy,  then,  in  addition  to  the  name  of  the  clerk,  the  particular 
deputy  actually  registering  the  elector  shall  sign  his  name,  at 
length,  in  attestation  thereof.  If  the  elector  declares  he  is  unable 
to  mark  his  ballot  or  sign  his  name  he  shall  state  why,  and  the 
clerk  shall  enter  upon  the  register  the  reasons.  If  the  elector's  inabil- 
ity to  sign  is  apparent,  in  consequence  of  some  physical  infirmity,  such 
as  blindness  or  loss  of  limb,  incapacitating  the  elector  from  writing,  he 
shall  so  state  the  fact;  but  if  the  disability  is  stated  to  be  the  illiteracy 
of  the  elector,  the  clerk  shall,  in  addition  to  stating  that  fact,  enter 
as  full  a  description  of  the  physical  peculiarities  of  the  elector  as  pos- 
sible, giving  his  height,  approximate  weight,  complexion,  color  of  eyes, 
and  any  visible  marks  or  scars  and  their  location,  and  attest  the 
same. 

It  shall  be  the  duty  of  the  county  clerk  in  each  county  on  the  last 
day  of  each  week  of  registration  to  send  to  the  Secretary  of  State  by 
mail  the  name  and  postoffice  address  of  every  elector  registered  in 
the  preceding  six  days. 

§  3454.      Precinct  Registers — What  to  Contain. 

The  clerk  shall  then  enter  in  the  separate  precinct  register  of  the 
particular  precinct  in  which  the  elector  resides  everything  entered 
by  him  in  the  general  register.  He  shall  arrange  the  names  alpha- 
betically, according  to  surname,  in  the  separate  precinct  register,  but 
the  same  number  given  the  elector  in  the  general  register  shall  be  given 
him  in  the  separate  precinct  register.  The  clerk  or  deputy  shall  then 
require  the  elector  to  sign  his  name,  and,  as  in  the  general  register, 
he  shall  attest  the  registration.  The  separate  election  precinct  regis- 
ters shall  contain  all  the  information  concerning  the  elector  contained 
in  the  general  or  county  register,  including  the  actual  signature  of  the 
elector,  if  able  to  sign,  and  the  clerk's,  or  his  deputy's,  signature  attest- 
ing such  registration. 

§  3455.      Registration  Before  a  Notary. 

Every  elector  may  be  registered  by  personally  appearing  at  the 
clerk's  office  and  complying  with  the  provisions  of  sections  3453  and 
3454;  but,  if  said  elector  is  unable  for  any  reason  to  conveniently  regis- 
ter as  aforesaid,  he  may  register,  without  charge,  before  a  notary  public 


STATUTES   RELATING  TO  ELECTIONS. 


or  a  justice  of  the  peace  in  the  county  in  which  he  resides  by  using 
one  of  the  blanks  designated  as  blank  "A''  in  section  3449,  and  filling 
out  the  blank  in  such  a  way  as  to  afford  all  the  information  which  he 
ought  otherwise  to  give  to  the  clerk  under  section  3453,  and  in  addition 
thereto  signing  the  same  three  times  in  the  presence  of  two  witnesses, 
freeholders  of  the  county,  who  shall  sign  their  names  upon  the  same 
blank,  and  by  the  elector  and  witnesses  making  an  oath  thereto,  as  spec- 
ified in  said  blank  "A,"  which  shall  be  duly  certified  by  the  notary 
public  or  justice  of  the  peace  and  forthwith  filed  with  the  county  clerk 
of  the  county  in  which  the  elector  resides.  The  county  clerk  shall 
supply  such  registration  officers,  upon  request,  with  a  sufficient  num- 
ber of  said  blanks  "A"  and  "Bv  free  of  charge.  Each  justice  of  the 
peace  or  notary  public  who  so  registers  electors  shall  at  the  time  he 
registers  them  enter  the  names,  arranged  alphabetically,  according  to 
surname,  and  the  date  of  registration  and  the  precinct,  in  a  record 
book  kept  by  him  for  that  purpose.  He  shall  not  charge  the  elector 
anything,  but  he  shall  be  entitled  to  receive  from  the  county  the  sum 
of  ten  cents  for  each  elector  so  registered  by  him  whose-  affidavit  has 
been  duly  filed  with  the  county  clerk  and  who  has  voted  in  the  precinct 
where  he  registered  at  the  next  ensuing  election.  After  each  general 
election,  the  county  commissioners  shall  audit  such  bills  and  order  pay- 
ment to  be  made  in  accordance  herewith. 

§  3456.      Registration  by  Voter  Absent  at  Time  of  Registration  Before 
Clerk. 

Any  elector  of  the  State  of  Oregon  who  is  out  of  the  State  at  the 
time  when  voters  are  required  to  register  may  register  before  a  notary 
public  in  the  state  in  which  he  may  be  at  the  time  by  using  one  of  the 
blanks  designated  as  blank  "A,"  in  section  3449,  and  filling  out  the 
blank  in  such  a  way  as  to  afford  such  information  which  he  ought 
otherwise  to  give  the  clerk  under  section  3453,  and  in  addition  thereto 
signing  his  name  three  times  in  the  presence  of  two  witnesses,  free- 
holders of  the  county  and  state  in  which  he  then  is,  who  shall  sign  their 
names  upon  the  same  blank,  and  by  the  elector  and  witnesses  making 
oath  thereto,  as  specified  in  said  blank,  which  shall  be  duly  certified  by 
the  notary  public  and  filed  with  the  county  clerk  of  the  county  in  which 
the  elector  resides  in  Oregon.  Upon  the  filing  of  such  blank,  filled  out 
and  certified  as  aforesaid,  the  county  clerk  shall  enter  the  name  of  the 
elector  upon  the  poll  books  of  the  county  and  proceed  in  the  same  man- 
ner as  if  the  elector  had  registered  before  a  notary  public  or  justice  of 
the  peace  in  the  county. 

§  3457.      Absent  Elector  May  Be  Registered  by  the  Clerk. 

Upon  receipt  of  said  written  application  or  affidavit  of  an  elector 
for  registration,  if  it  is  in  due  form  and  duly  certified,  the  clerk  shall 
forthwith  register  the  elector  in  the  proper  precinct  in  the  general 
register,  and  also  in  the  separate  precinct  register,  in  the  same  manner 
as  if  the  elector  had  personally  appeared  in  the  clerk's  office.  The 
clerk  shall  cut  out  two  of  the  signatures  of  the  elector  in  said  written 
application  and  paste  them  in  the  registers  where  the  elector  would 
have  signed  if  he  had  applied  in  person,  and  file  and  preserve  the 
written  application  in  a  paged  file,  noting  upon  the  proper  line  in  each 
register  book  the  page  in  said  file  where  said  written  application  is 
filed.  The  clerk  or  deputy  acting  shall  attest  each  such  registration 
entered  by  him. 

§  3458.     Manner  of  Proceeding  on  Change  of  Residence. 

Every  elector,  upon  changing  his  residence  after  registering,  may, 
within  the  time  for  registering,  cause  his  former  registration  to  be 
canceled,  by  a  request  in  writing  to  the  clerk  where  he  is  registered, 


STATUTES   RELATING   TO   ELECTIONS. 


imparting  the  information  called  for  in  blank  "B"  in  section  3449,  sign- 
ing his  name  to  it  in  the  presence  of  two  freeholders,  who  shall  sign 
their  names,  stating  their  places  of  residence;  and  by  the  said  elector 
and  witnesses  swearing  to  the  truthfulness  of  the  statement  before 
some  one  authorized  to  administer  oaths,  and  by  filing  the  same  duly 
certified  with  the  clerk  where  he  was  registered.  The  clerk  shall 
compare  the  signature  of  the  elector  with  his  signatures  upon  the 
registers,  and  if  satisfied  of  the  genuineness  of  the  same  he  shall 
file  his  communication,  and  page  the  same,  and  then  in  each  of  the 
registers  in  red  ink  draw  a  line  through  the  elector's  name  and  write 
"canceled"  and  the  number  of  the  page  where  the  blank  is  filed,  and 
attest  the  cancellation  by  signing  his  own  name. 

§  3459.      Residence  and  Qualification  of  Elector. 

No  person  shall  register  who  is  not  a  qualified  elector  of  the  pre- 
cinct in  which  he  registers  and  who  is  not  a  resident  thereof,  or  regis- 
ter in  a  name  other  than  his  true  name;  and  no  elector  shall  register 
a  second  time  in  the  same  precinct,  or  register  in  any  other  precinct 
until  his  first  registration  has  been  canceled  as  provided  in  section  3458. 

§  3460.      Registers  Closed,  When. 

The  county  clerk  shall  close  all  books  of  registration  for  the  period 
of  fourteen  days  at  5  o'clock  P.  M.  on  the  fifty-fifth  day  before  the  reg- 
ular general  election  in  1906  and  biennially  thereafter,  by  writing  the 
words  "Closed  for  fourteen  days,''  in  red  ink  on  the  line  next  below 
the  last  elector  registered  in  each  precinct  of  the  general  register. 
He  shall  then  immediately  in  the  indexed  pages  in  the  general  register, 
opposite  the  name  of  each  precinct,  in  writing  certify  the  number  of 
electors  registered  in  that  precinct  for  each  party  subject  to  the  pro- 
visions of  the  primary  nominating  elections  law,  and  sign  his  name  and 
title  and  affix  the  seal  of  the  county  thereto;  and  he  shall  immediately 
send  to  the  Secretary  of  State,  by  telegraph  if  necessary,  a  certified 
copy  of  the  numbers  and  totals  for  each  party  for  his  county;  he  shall 
likewise  close  the  books  of  the  precinct  registers,  and  certify  in  each 
of  the  precinct  registers  the  total  number  of  electors  registered  in  each 
precinct  for  each  of  the  parties  subject  to  the  primary  nominating 
elections  law,  and  not  canceled,  and  sign  the  same  with  his  official  title 
and  affix  the  seal  of  the  county  thereto.  All  of  said  registers  shall  be 
reopened  by  the  clerk  on  the  fortieth  day  before  the  ensuing  general 
election  in  June,  1906,  and  biennially  thereafter,  and  remain  open  until 
the  fifteenth  day  of  May,  1906,  and  biennially  thereafter,  when  they 
shall  be  finally  closed  for  the  ensuing  election  in  the  manner  above 
provided. 

§  3461.      Registers  Are  Public  Records. 

The  said  registers  shall  all  be  public  records.  The  general  register 
of  the  county  shall  be  kept  in  the  office  of  the  county  clerk,  as  other 
public  records  are  kept.  Every  citizen  shall  be  allowed  to  examine 
the  county  general  register  and  each  of  the  precinct  registers  while  they 
are  in  the  custody  of  the  county  clerk,  and  make  copies  or  extracts 
therefrom  without  charge  to  him.  The  several  precinct  registers  shall 
be  sent  to  their  respective  precincts,  together  with  a  suitable  supply  of 
the  said  registration  blanks  "A,"  as  prescribed  by  section  3449,  all 
sealed,  the  same  as  other  stationery  and  supplies  are  now  forwarded 
to  the  judges  of  each  precinct. 

§  3462.      Registered  Elector  May  Be  Challenged. 

Upon  the  day  of  election  the  judges  of  election,  as  soon  as  an 
elector  applying  to  vote  has  given  his  name  and  residence  to  the  election 
clerks,  shall  ask  the  elector  if  he  is  registered,  and  also  examine  the 


STATUTES   RELATING   TO  ELECTIONS. 


register.  Notwithstanding  the  elector  is  registered,  his  right  to  vote 
may  be  challenged  and  tried  at  any  time  before  his  ballot  is  actually 
deposited  in  the  ballot  box.  if  he  appears  to  be  registered  and  is  chal- 
lenged, he  shall  be  required  to  take  and  subscribe  to  the  oath  prescribed 
in  blank  "A,"  by  section  3449,  and  in  trying  the  challenge  the  judges 
shall  compare  his  signature  with  that  in  the  register  and  consider  the 
same  in  deciding  the  challenge,  and,  after  noting  thereon  their  decision, 
shall  file  the  same,  no  matter  how  the  challenge  may  be  determined. 
The  judges,  in  their  discretion,  may  require  such  elector  to  produce 
before  them  as  many  freeholders  of  the  county  as  they  may  deem 
necessary,  not  exceeding  six  freeholders,  and  have  them  take  and  sub- 
scribe to  the  second  oath  as  specified  in  said  blank  "A"  of  section 
3449,  using  the  same  blank  signed  by  the  elector. 

§  3463.      Elector  Considered  Challenged  When  Not  Registered. 

If  it  appears  the  elector  is  not  registered  in  the  precinct  in  which 
he  applies  to  vote,  the  elector  in  every  case,  as  of  course,  shall  be 
considered  challenged,  and  shall  be  required  to  subscribe  and  swear  or 
affirm  to  the  blank  "A,"  prescribed  by  section  3449,  filled  out  accord- 
ing to  the  facts,  and  in  addition  thereto  he  shall  be  required  to  procure 
six  freeholders  of  the  county  to  take  and  subscribe  to  the  second  oath 
as  specified  in  said  blank  "A"  of  section  3449,  and  the  same  shall  be 
considered  by  the  judges  and  forthwith  decided;  and  after  noting 
thereon  with  ink  whether  the  elector  is  allowed  to  vote  or  not,  and  if 
allowed  to  vote,  the  poll  book  number  of  the  elector,  they  shall  file  the 
same.  Unless  the  elector  in  every  such  case  so  establishes  his  right  to 
vote  in  the  precinct,  and  to  the  satisfaction  of  the  judges,  his  vote 
shall  not  be  received.  In  carrying  out  the  provisions  of  this  chapter 
the  judges  of  election,  or  either  of  them,  are  hereby  authorized  to 
administer  and  certify  oaths,  and  to  issue  subpoenas  to  require  the 
attendance  of  witnesses  before  them;  provided,  that  in  carrying  out 
the  provisions  of  this  section  in  cities  having  a  population  of  five  thou- 
sand or  more  as  shown  by  the  last  preceding  Federal  census,  the  elector 
offering  to  vote  and  all  the  freeholders  subscribing  to  the  affidavits 
herein  required  shall  take  such  oath  before,  and  the  same  shall  be 
administered  only  by  the  judges  of  election  or  either  of  them  in  the 
precinct  and  at  the  time  the  elector  offers  to  vote,  and  such  affidavits 
shall  not  be  received  if  taken  or  made  at  any  other  time  or  place  or 
before  any  other  officer  than  one  of  said  judges  of  election. 

§  3464.      Precinct  Registers  and  Affidavits  Included  AVith  Returns. 

The  precinct  registers,  and  all  affidavits  filed,  shall  be  returned 
along  with  the  other  election  returns,  sealed  and  marked  on  the  cover 
with  the  contents  and  the  name  of  the  precinct,  to  the  county  clerk  of 
the  county. 

§  3465.      Penalty  for  Violation  of  Act  by  Officers. 

Any  county  clerk  or  clerk  of  the  county  court  of  any  county,  or  any 
deputy  of  either  of  such  officers,  or  any  judge  or  clerk  of  election,  or 
any  justice  of  the  peace  or  notary  public,  who  shall  willfully  disregard 
any  of  the  provisions  of  this  chapter,  or  who  shall  willfully  fail  to 
perform  or  enforce  any  of  the  provisions  of  this  chapter,  or  any  person 
who  shall  willfully  or  fraudulently  register  more  than  once,  or  register 
under  any  but  his  true  name,  or  attempt  to  vote  by  personating  another 
who  is  registered,  contrary  to  the  provisions  of  this  chapter,  or  know- 
ingly register  in  any  precinct  where  he  is  not  a  resident  at  the  time  of 
registering,  upon  conviction  shall  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three  years,  or  by 
fine  not  less  than  $100  nor  more  than  $2,000,  or  both  such  fine  and 


STATUTES   RELATING   TO   ELECTIONS. 


imprisonment.  Any  person  who  shall  falsely  swear  to  any  affidavit 
required  by  this  chapter  shall  be  deemed  guilty  of  perjury,  and  upon 
conviction  thereof  shall  be  punished  accordingly. 

§  3466.      Electors  Must  Personally  Appear  to  Register,  When. 

All  electors  residing  in  the  town  or  incorporated  city  which  is  the 
county  seat,  and  where  the  county  clerk  or  the  clerk  of  the  county  court 
has  his  office,  shall  personally  appear  in  the  clerk's  office  and  comply 
with  the  provisions  of  this  chapter,  in  order  to  register.  The  board  of 
county  commissioners  shall  furnish  the  county  clerk  or  clerk  of  the 
county  court  all  necessary  assistance  to  enable  him  to  carry  out  the 
provisions  of  this  chapter. 


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